South Africa: Fresh optimism over civil law suits in the US

Jubilee South Africa
Press Release
July 5th, 2004

Fresh optimism " the civil law suits in the US

Jubilee South Africa and the Khulumani Support Group are currently
holding an international consultation in a climate of fresh optimism in
light of the United States Supreme Court ruling last week on the Sosa
vs Alvares case. The ruling has opened the door for victims of human
rights violations around the world seeking redress under the Alien Tort
Claims Act. It has provided a climate of hope for the survivors of gross
human rights violations during the Apartheid era.

It has strengthened the chances of success of the
Khulumani litigation in the New York Southern District
Court, in which Khulumani and 87 survivors of Apartheid
violence are seeking reparations from 22 international
banks and corporations that supported the Apartheid
government in violation of international conventions.

The consultation is being held in Johannesburg from 4 to 5 July
and includes campaign partners from Zimbabwe, Zambia, Malawi,
Namibia, Swaziland, Switzerland, Germany, United States, and
Norway. The legal team, led by Michael Hausfeld in the USA and
Charles Abrahams in South Africa, are also present.

The main thrust of the deliberations consists in a review of
the international Apartheid Debt and Reparations
Campaign, including the state of the Khulumani litigation.
We are paying special attention to developing strategies
as to how best to relate to the new legal environment.

There has been overwhelming support from the
international human rights community individuals of
stature for our demand for reparations. Archbishop
Desmond Tutu and economist Joseph Stiglitz, as well as international
campaigns, have filed Amicus briefs in support. It is, however,
unfortunate that the South African government put an affidavit before
the court in New York last year calling for the dismissal of the cases
relating to Apartheid, in particular because this is being used by banks
and corporations in the North and their governments to argue for
restriction of the legislation and dismissal of the Apartheid cases.

We have decided on the following in response to the
ruling:

·To seek an urgent meeting with the Minister of Justice, Bridget
Mabandla, to discuss our concerns on the government affidavit;
·To enter into discussions with the churches, unions and other civil
society organisations so as to broaden support for the Khulumani
case
·To develop a further Amicus brief for presentation to the court
from international supporters, including human rights organisations,
other civil society formations and key and influential individuals.

The consultation reiterated our position that we will pursue
claims against international companies where there is the
best chance for a successful outcome, but that we will
address domestic companies within South Africa. We distance
ourselves from the irresponsible role played in these matters by the US
attorney Ed Fagan.

For further comment, contact:
MP Giyose, Jubilee South Africa Chairperson, 082 350 0361, 011
403 7622/4
George Dor, Jubilee South Africa General Secretary, 011 648
7000, 011, 403 7622/4
Marge Jobson, Khulumani Support Group, 082 268 0223,
011 403 4396.

For further information on the campaign contact:
Liz Johnstone, Apartheid Debt and Reparations Campaign
Coordinator, 073 162 8579,
011 4037622/4

Coordinator Apartheid Debt and Reparations Campaign
Jubilee South Africa
PO Box 31082 Braamfontein 2017
Auckland House, 185 Smit Street
12th Floor, East Wing, Braamfontein
Tel: +27 11 403 7622/24
+27 11 403 3337/7773
Fax: +27 11 339 4560

Coordinator Apartheid Debt and Reparations Campaign
Jubilee South Africa
PO Box 31082 Braamfontein 2017
Auckland House, 185 Smit Street
12th Floor, East Wing, Braamfontein
Tel: +27 11 403 7622/24
+27 11 403 3337/7773
Fax: +27 11 339 4560