After twelve years of sustained advocacy towards ending the impunity of transnational companies for aiding and abetting the perpetration of gross human rights violations in South Africa, through their collaboration with and provision of military and other strategic equipment to the security agencies of the apartheid regime, the presiding judge, Shira Scheindlin has ruled that ATS jurisdiction following Kiobel II no longer extends “to claims involving foreign conduct by foreign subsidiaries of American corporations.” In the Khulumani case, all the conduct in question relates to conduct by subsidiaries of the American parent companies, Ford Motor Company and IBM.
There’s R1.19 billion sitting in the President’s Fund, designated by the Truth and Reconciliation Commission to help victims of Apartheid rebuild their shattered lives. Now the department of justice finally wants to spend it, but who will actually benefit? Its intended beneficiaries say they are still being left out of the process, and that the money is being misused. SIMON ALLISON investigates.