
On 22 May 2025, the Helen Suzman Foundation (HSF) was admitted as amicus curiae into litigation concerning the State’s failure to prosecute apartheid-era crimes that have gone unpunished for decades. The litigation, brought by several families affected by this ongoing failure, is supported by the Foundation for Human Rights as co-applicants. The parties seek twofold relief: (i) constitutional damages for the state’s failure to bring prosecutions of the crimes at issue; and (ii) a commission of inquiry into why the state has failed to do so.
As amicus curiae, the HSF makes submissions highlighting the right to truth – a right borne not only by the families of the victims of apartheid-era crimes, but by the South African public at large. HSF also emphasises the duty incumbent upon domestic courts to ensure the prosecution of crimes against humanity, including apartheid.
HSF’s court papers in this matter can be found here.