Thabo Mbeki Fights to Clear His Name in Apartheid-Era Damages Case

Ex-leaders argue they deserve a voice as victims’ families seek justice

In a case that reaches deep into South Africa’s painful past, former president Thabo Mbeki and ex-justice minister Brigitte Mabandla have stepped into the spotlight again, this time not as public officials, but as individuals fighting to protect their names.

At the heart of the matter is an R167 million constitutional damages claim brought by families of victims of apartheid-era crimes. These families, known as the Calata applicants (named after Fort Calata, one of the Cradock Four murdered by the apartheid regime), allege that post-apartheid leaders, including Mbeki and Mabandla, played a role in suppressing investigations into Truth and Reconciliation Commission (TRC) cases.

On Monday, legal counsel for Mbeki and Mabandla told the Gauteng High Court in Pretoria that the pair have every right to intervene in the case. Not because they’re named as respondents, but because the outcome could tarnish their legacies forever.

Why Are Mbeki and Mabandla Involved?

In court, Advocate Ngwako Maenetje SC argued that even if the lawsuit is not directed at them, it revolves around accusations of unconstitutional and even criminal conduct by them. Maenetje said they must be allowed to present their side, otherwise the court might base its decision on a one-sided narrative.

“If the court makes findings without our version of events, it risks an incomplete truth,” Maenetje said.

The pair fear that the court could find, without hearing from them, that they actively blocked efforts to prosecute apartheid-era crimes during their time in office. That, they argue, would violate their rights and could unfairly define how history remembers them.

The Counter Argument: “This Isn’t Their Fight”

But the Foundation for Human Rights and the applicants pushed back. Their legal representative, Advocate Matthew Chaskalson SC, told the court that Mbeki and Mabandla no longer hold government positions and are not direct parties in the constitutional damages claim. As such, he said, they have no legal ground to insert themselves into the matter.

“They’re not the respondents. If we allow every person who might be implicated by association to jump into a case, the justice system would spiral into chaos,” Chaskalson argued.

He added that if Mbeki wants to protect his reputation, he should consider a defamation lawsuit or issue a public rebuttal—legal paths available to anyone accused of misconduct. “This isn’t the forum for setting the record straight,” he said.

A Case Bigger Than Just Money

While R167 million is a staggering sum, this case is about much more than financial compensation. It cuts to the core of post-apartheid accountability and whether democratic leaders followed through on the TRC’s promises of justice.

Public reaction has been mixed. On social media, some South Africans are applauding the victims’ families for holding leaders accountable, not just from the apartheid regime, but also those in the democratic government. Others defend Mbeki, viewing his efforts to intervene as a legitimate bid to clear his name from potentially damaging historical claims.

Political observers point out that this moment is emblematic of a broader reckoning: 30 years after the end of apartheid, is South Africa ready to fully confront who helped and who hindered, justice?

Judge Anthony Millar has reserved judgment on whether Mbeki and Mabandla will be allowed to formally intervene in the case. A ruling is expected in the coming weeks.

Until then, the public is left with a burning question: will this case bring long-sought closure to the families of apartheid victims or will it open new wounds in the national narrative?

Regardless of the outcome, one thing is clear: South Africa’s journey with truth and justice is far from over.

{Source: IOL}

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