Faith Nyasuguta
More than 40 years after the brutal killing of anti-Apartheid activist Fort Calata and his comrades, their families are still waiting for justice. Victims of Apartheid-era atrocities are now taking legal action against the South African government, seeking damages for its failure to prosecute those suspected of committing these crimes , despite clear recommendations from the Truth and Reconciliation Commission (TRC).
Lukhanyo Calata was only three years old when his father was murdered in 1985. Though he was too young to understand the gravity of what happened at the time, the memory of his father’s funeral remains vivid.
“I remember seeing what I grew up calling ‘the red box,’” Lukhanyo said, recalling his father’s coffin. “I remember seeing it being lowered into the ground, and I knew that my father was in there. What I didn’t know at the time was that I would have to grow up without him.”
Fort Calata, from Cradock in the Eastern Cape, was raised by his grandfather, the secretary general of the African National Congress (ANC), who instilled in him the fight for civil rights. As his activism grew, Fort Calata became a target of the Apartheid regime’s security forces.
On June 27, 1985, Fort Calata and three fellow activists including Matthew Goniwe, Sparrow Mkonto, and Sicelo Mhlauli, traveled to Port Elizabeth for a United Democratic Front meeting. They never returned. Days later, their mutilated and burned bodies were found. They became known as the Cradock Four.
“They had pulled my father’s tongue out of his mouth,” Lukhanyo recounted. “And they had cut off his ring finger. I don’t know why.”
Justice Deferred
After the fall of Apartheid, the TRC was established to investigate human rights violations. It gave perpetrators a chance to confess and apply for amnesty, but in cases where amnesty was denied, the TRC recommended prosecutions. The killers of the Cradock Four sought amnesty and were denied. Yet, despite the TRC handing over its findings to the government in 1998, no one was ever prosecuted. Today, all the suspects in the Cradock Four case have died.
For Lukhanyo Calata and 24 other families, enough is enough. They are now suing the South African state for $9 million in damages, alleging a failure to prosecute in line with the TRC’s recommendations. They are also demanding the creation of an independent body to investigate whether political interference played a role in the lack of prosecutions.
Vusi Pikoli, former head of the National Prosecuting Authority (NPA), testified in 2015 that political interference did occur, implicating the government of then-President Thabo Mbeki. Pikoli revealed that the ANC-led government feared further investigations could expose party members to scrutiny, prompting a deliberate decision not to pursue Apartheid-era cases.
‘Ground Zero’ for South Africa’s Democracy
The Foundation for Human Rights in Johannesburg is assisting the families in their legal battle. Executive Director Zaid Kimmie called the Cradock Four case “ground zero” for South Africa’s transition to democracy. He believes the government’s failure to act has contributed to a culture of impunity.
“The decision not to prosecute Apartheid-era crimes sent a message to powerful people that they could act without consequences,” Kimmie said. “The constitutional damages case will demonstrate that no matter the passage of time, there’s always a reasonable possibility that someone’s going to come calling and ask exactly what you did and why you did it. And you’ll have to take accountability for your actions.”
The TRC recommended that around 300 suspects be investigated and prosecuted, but the vast majority of those cases were never pursued. The inaction has become a major source of criticism against the South African government, with families like the Calatas waiting decades for justice.
A Painful Wait
In 2021, the families of the Cradock Four also sued the NPA and the police, demanding accountability. However, the inquiry faced numerous delays, with the most recent postponement pushing the case from September 2024 to June 2025, a painful extension of an already 40-year wait.
Fort Calata’s widow, Nomonde Calata, has been relentless in her pursuit of justice. In February, she visited parliament to plead for action. Her grief remains as raw as ever.
“I admire the people who have the chance to say goodbye to their loved ones,” she said. “But I didn’t, and I’m still longing to have that.”
After decades of silence and delays, there is finally a glimmer of progress. The state initially opposed the families’ claim for constitutional damages, a move that would have added years to the legal process. However, in a surprising shift, South African President Cyril Ramaphosa ended the state’s opposition in February. The case will now move to mediation.
“The president deeply appreciates the pain that the families have gone through for the many years that they’ve been seeking justice and closure on the killings of their loved ones,” a spokesperson for Ramaphosa said.
For the Calata family and others, the road to justice has been long and fraught with obstacles. But their fight is not just about the past. It’s about ensuring accountability, even decades later, and about breaking the cycle of impunity that has gripped South Africa since Apartheid’s fall.
As the years pass and the wounds of the past remain unhealed, Lukhanyo Calata holds onto hope. He dreams of the day when those responsible for his father’s death and the deaths of so many others, will finally be held to account.
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