Damages should be paid to victims of apartheid-era violations: Maduna

Former Justice Minister Penuell Maduna has called for the government to provide constitutional damages to the families and victims of apartheid-era human rights violations. This statement was made during the 83rd day of the public hearings of the TRC Cases Inquiry in Johannesburg. The Judicial Commission, chaired by Justice Sisi Khampepe, is expected to decide whether reparations should be granted to survivors and their families as part of its Terms of Reference.

Maduna argued that the democratic state is responsible for the actions of its predecessor, even those of people like Gideon Niewoods and others involved in egregious crimes. He said this with the knowledge that his own relatives are expecting the state to step forward and provide assistance. Maduna also highlighted that many young comrades are currently jobless, disabled, and lacking homes or food, as they were victims of apartheid-era violence.

Regarding the establishment of the Interdepartmental Amnesty Task Team (ATT) in 2004, Maduna defended its creation by then-Director General of Justice Vusi Pikoli. However, when questioned by families of apartheid victims, Maduna clarified that the ATT was not intended to interfere with the work of the National Prosecuting Authority (NPA). He emphasized that the ATT was formed to gather vast amounts of information and to determine who had been involved in apartheid-era crimes and what their roles were.

Despite this, the ATT's implementation body, the Interdepartmental Task Team (ITT), stopped meeting in early 2007 after Pikoli expressed concerns that the team was infringing upon the NPA's independence. Maduna maintained that the ATT's main purpose was not to protect apartheid perpetrators, but rather to collect and analyze crucial information about the country's history of human rights abuses.