Tag Archives: apartheid

General Motors change of guard

20 Aug

Khulumani congratulates Daniel F. Akerson who is to become the Chief Executive of General Motors (GM) on 1st September 2010, and will become Chairman of the Board in 2011. The idea is “to have a smooth, seamless transition” according to the present Chief Executive and Chairman, Mr Edward E. Whitacre Jr.

Mr Daniel F. Akerson (Photo: GM)

Khulumani sincerely hopes that Mr Whitacre will not forget, in the seamless transition to inform Mr Akerson of the South African Apartheid Litigation (formerly Khulumani et al vs Barclays et al).

Mr Edward E Whitacre Jr. (Photo - Jeff Kowalsky/Bloomberg News)

Please do not forget to tell Mr Akerson of the charge that GM must answer to: that of knowingly aiding and abetting the security forces of the apartheid government in oppressing civilian South Africans by providing vehicles such as Bedford trucks for the security forces to use.

Please do not forget to tell Mr Akerson about some of the victims and survivors of gross human rights violations perpetrated by the security forces of the apartheid regime whose lives are now worse off than before.

We are delighted to hear that GM has made a $1.3 billion profit over the last 6 months – and that GM is no longer bankrupt. We therefore respectfully request that you withdraw from the bankruptcy hearing scheduled for 24 September, 2010.

We would also invite you to consider directly contacting Khulumani’s lawyers, Hausfeld LLP, to discuss the case.

Broken laws, broken promises, broken lives

1 Aug

The iniquity of the companies that knowingly aided and abetted the security forces of the illegitimate apartheid regime is that not only did they break international sanctions imposed by the United Nations, but their actions have directly and indirectly resulted in a number of people’s lives being almost irreparably damaged. These companies include IBM, Daimler, General Motors, Ford Motor Company and Rheinmetall. Many others were involved – banks, oil companies, mining companies, arms and ammunitions companies, construction companies. Indeed any local or international corporation that allowed itself to be co-opted in one or other way not only in sustaining and maintaining apartheid’s illegitimate legislation, but also those companies that assisted the security forces to oppress the people of South Africa. Some of this oppression was through following the immoral and illegitimate laws of the land at that time. For example: did Daimler pay its workers in South Africa (through Mercedes Benz SA) the equivalent rate that its workers in Germany received? Or was it the opportunity to exploit cheap labour that made SA so attractive to Daimler (and many other companies)?

Many victims and survivors of the myriad deliberately harming and destructive actions of the corporations are today worse off than before liberation. The promise of a ‘better life for all’ has become a ‘better life for all – except for those who had a better life before, and except for those who are not connected’ . . . to elites in the ruling party. The tragedy is that many of the victims and survivors who have been transformed into elites themselves do not care about their comrades who have seen no justice or whose lives are worse off than before: dispossessed, as Prof Ariel Dorfman says, of their futures.

Victims testified at the Truth and Reconciliation Commission under the impression that, because they had voluntarily given up the right to sue their perpetrators in pursuance of the truth of the past, they would be appropriately recompensed for their suffering and losses. Government broke that promise despite the TRC itself recommending that reparations be paid annually to the victims and survivors for six years. This must have partly been to try and ensure that none of the victims and survivors were worse off afterwards than they were during apartheid. A once-off reparations grant of R30,000 was provided by President Thabo Mbeki and his government.

One of the mothers of a disappeared son bought a second hand car with the money and named the car after her son. But the possibility of a son who may have gone on to study or work and to help support his mother in her old age could never be compensated for by the minimum payment made by government, or the purchase of a car.  The worst broken promise — a betrayal of trust — comes from those in positions of power or wealth who have turned their backs on their comrades.

Broken laws require that the perpetrators are found guilty in a court of law and suitably punished. This includes that those guilty of apartheid crimes, and apartheid was a crime against humanity that cannot prescribe or be allowed to prescribe through glib legal arguments.

Broken promises require that the promise-breakers should make amends for their defaulting. This means that our government must come to the table with the victims and survivors and ensure that the resources made available by donors and foreign governments to the President’s Fund eventually reach those people they were meant for. It is a disgrace that the President, the TRC Unit and the officer in charge of the President’s Fund have not yet published the required regulations for distributing the money in this fund to those it was created for, thirteen years after the first donations were made by the Swiss Government and the Kingdom of Denmark! The Swiss Government stipulated that the funds be distributed as mandated by the TRC. The Danish money was to be spent “solely in accordance with the recommendations of the Truth and Reconciliation Commission’s Commitee on Reparation and Rehabilitation”. This has clearly not been done.

Broken lives require that the resources for redress of material, emotional, social and community reparations are provided. It requires that every one of us living in South Africa, but especially the elites and the new elites, do what we can to make sure that the forgotten heroes of the struggle who suffered for justice and freedom in our land are enabled to carry on with their lives not worse off than when they joined the struggle.

Fair Play – does it all depend on the referees?

11 Jul

The documentary, Fair Play, one in the seven-part series called Have You Heard From Johannesburg?, directed by Connie Field of Clarity Films, Berkeley, California, was screened at the Peoples’ Justice Fan Centre in Jabavu, Soweto on Friday 9 July, 2010 in a focus on Sport, Memory and Apartheid. The film highlights the central role that Dennis Brutus played as an anti-apartheid activist in the sports arena.

As we have seen in the FIFA Soccer World Cup 2010, fair play does not necessarily take place — especially when referees and linesmen (and they were all men) make mistakes.

Fair play was not the name of the game during apartheid either. The main referee at that time, the apartheid cabinet and government as a whole, made the rules and applied them through the security forces. But they applied the “rules” unfairly and allowed them to be applied unfairly — including letting multinational corporations such as Daimler, General Motors, Ford, IBM and Rheinmetall do business under apartheid laws. This meant these companies (and many others) would have had segregated toilets; differential pay packages based on skin colour, and “job reservation” — ensuring that only white people were given managerial posts. Unions were banned for much of the time of apartheid for fear of strikes disrupting the economy.

Dennis Brutus in full voice

Dennis Brutus clearly saw the injustice of all this,  made his voice heard, and was targetted by the apartheid regime. He was shot  in the back in 1963 while attempting to escape police custody, and nearly bled to death on the sidewalk while waiting for an ambulance. The ambulances were also segregated and only ambulances reserved for whites were immediately available. He had to wait for a “blacks only” ambulance. Fair play? No.

Brutus’s being shot is the reason he was listed as a plaintiff in the Khulumani Lawsuit. Unfortunately he died in his sleep in December last year and will not see the outcome. His son Tony is representing him.

Even after a democratic government came to power in South Africa, Dennis Brutus recognised that there was still no level playing field for many, if not most, of the people of South Africa. He got stuck in and started to make his voice heard again — this time about different kinds of injustices.

Khulumani Support Group recognises and salutes Dennis Brutus for the role he actively played in attempting to ensure fair play in a democratic South Africa. Winning the South Africa Apartheid Litigation would be a major tribute to him — particularly as it would set a precedent that multinational companies are obliged to “play fair” when working with foreign governments.

Spotlight on Activism Through Film – Clarity Films and Active Voice

9 Jul

As mentioned in a previous post about the activities at the People’s Justice Fan Centre, we recently screened two of the seven-part documentary series Have You Heard from Johannesburg. Just as we have embraced the arts such as Hip Hop – see our Music 4 Justice project and Officially Offside album – so we have been lucky to connect with like-minded organisations and creative people using fim, theatre, arts and music to further the cause of global justice.

One organisation doing just that is Connie Field’s production company Clarity Films who describe their mission as follows: “to encourage a re-examination of our past to better inform social progress in our future and to stimulate thought provoking discussion around issues of major social concern in today’s society.” Clarity Films has worked closely with Active Voice, a multimedia company that tries to bring public policy issues to public attention through putting a human face on the issues. Together these two companies have tried to use the moment of the 20th anniversary of Nelson Mandela’s release from jail to shine a spotlight onto the global struggle to overcome apartheid – highlighting the many untold stories of how the world united to put an end to the horrific oppression of the former regime. If you would like to get involved in their campaign, or find a way to get hold of the films for your own screenings, check out the campaign website here.

As these films look back at the success of the world uniting against apartheid, we look forward to galvanising similar global solidarity to stand up to the corporate abuses that continue to go unchecked worldwide. 30 years ago global public opinion forced many companies to leave South Africa pushing the apartheid government closer to negotiations. Today we say that giving up making a profit off the lives and abuses of South Africans was the first step in a broader process of reparations and acknowledgement for their involvement.

Farewell Germany…But what about Daimler?

8 Jul

In the semi-final match, and in line with Paul the Octopus’ eerily correct predictions, the on-form German side crashed out of the World Cup against a formidable Spanish team. With one match to go to determine the third and fourth places in the tournament, the German team will be facing Uruguay before packing their bags and leaving the country.

Daimler AG generously sponsored the German team in its quest to win the Soccer World Cup on South African soil, while ignoring calls to acknowledge and pay reparations for its “sponsorship” of apartheid atrocities. As we’ve documented elsewhere on this blog, and assert in the lawsuit against Daimler and others, the South African apartheid security forces could not have carried out the crimes against humanity (of torture, forced disappearances, indiscriminate shooting, arbitrary detention etc.) without access to the products provided by Daimler and others — which they knew would be used in carrying out these crimes. Daimler may currently be paying for the transport and equipment of the German soccer team, but 30 years ago and beyond they were paid to provide transport for armed security forces in terrorising ‘non-white’ people across South Africa.

During the World Cup Daimler benefited from a contract to provide luxury buses for transporting teams and tourists.

As South Africa begins its dialogue about and evaluation of the legacy of the World Cup, maybe we should be asking Daimler whether it’s going to ignore its horrific apartheid-assisting legacy by jumping on a plane and leaving with the German team. Or will it face its past and commit to a legacy that compensates apartheid victims and survivors such as those represented by Khulumani? Will it build up those South African lives its vehicles were used to damage? And will it withdraw its threats to pull out of its manufacturing plants in the Eastern Cape?

Can the blood-stained “star of apartheid” begin to be cleansed and Daimler’s  reputation revived? Not without facing up to repairing the damage they helped create.

The Global Struggle for Post-Apartheid Justice in Context

7 Jul

A lot of the events being held at the People’s Justice Fan Centre are aimed at putting the Khulumani Apartheid litigation into the context of post-Apartheid South Africa, global struggles for corporate accountability and the importance of reparations for survivors of gross human rights violations. This week we’ve used films and panels to explore the broader context of sport and global involvement in the movement against apartheid.

Today, we screened the excellent film Have You Heard from Johannesburg: The Bottom Line at the People’s Justice Fan Centre. This film is part of a seven-film series of documentaries about key issues in the anti-apartheid struggle. The films were directed by Connie Field and produced by her production company Clarity Films. The Bottom Line takes an in-depth look into the efficacy of economic sanctions, and as the TimeOut London says: “offers a clear and rousing study of how economic sanctions, initated by grassroots protests, can have a significant political effect – especially when the boards of corporations find themselves in a forced position of embarrassment.” The Have You Heard from Johannesburg series more broadly tries to capture what Prof. Rob Nixon described as follows: “No other post-WW II struggle for decolonization has been so fully globalized; no other has magnetized so many people across such various national divides, or imbued them with such a resilient sense of common cause as did the struggle for democracy in South Africa.” Following the screening Khulumani community organiser Reginald Mafu and national director Marje Jobson went to the Apartheid Museum where they were involved in an interview with Al-Jazeera News Network that went out live across the world. Some pre-recorded interviews with Khulumani victims have also been made available.

Staying with the global themes raised in the film screened today, the Peoples Justice Fan Centre in Jabavu, Soweto, has a stellar line-up for Friday. The day starts at 09:30am with the screening of another part of the Have You Heard From Johannesburg series: Fair Play, which focusses on the role of sport and specifically the sport boycotts in the struggle against apartheid. The screening will be followed by a roundtable discussion which will include contributions from Smiley Moosa (a football player who had to hide his race to play); Nkosi Molala (a Pretoria Callies footballer and Black Consciousness activist who was imprisoned on Robben Island and lost an eye during an altercation with apartheid police); John Soske (an academic studying the contribution of Dr. Abu Asvat to non-racial sport); Teery Jeevanantham (a former football player and active writer on football issues); Haroun Mohammed (football player who was expelled from the Teachers’ Training College for his political activities); and Ms. Tapuwa Moore (a gender activist and coach for the Forum for the Empowerment of Women football team).

The panel’s focus will be “Football, Sport, Memory and Apartheid” and will be moderated by Desiree Ellis (former Banyana Banyana – South African national women’s football team) and Hassen Lorgat.

These films and panel reinforce the importance of global movement for justice, something we at the Red Card Campaign hope to further by creating a global movement for justice and corporate accountability.

People’s Justice Fan Centre

Friday, 09 July

Film Screening @ 9:30am

Roundtable discussion @ 10:15am


Ms Desiree Ellis and Mr Hassen Lorgat will moderate the forum. (Desiree Ellis is a former Banyana Banyana player.)


Report on East Rand Reparations Workshop

24 Jun

 

The members of Khulumani-Indwe 'Speak Out' on Reparations!

Last week a group of 100 Khulumani members from the rural Eastern Cape village of Indwe travelled across the country to join the Khulumani East Rand Group in a march to highlight the issue of reparations, and to participate in a workshop to flesh out the issues around reparations.

Members of Khulumani-Indwe wear the Red Card Campaign t-shirts on their march.

As Khulumani national contact centre member Freedom Ngubonde writes: “On 12 June 2010 Khulumani-Indwe and Khulumani-East Rand marched along the infamous Khumalo Street in a symbolic re-appropriation of the street where many people were killed and maimed during the violence of the early 1990s. The march proceeded to a nearby stadium where members of Khulumani handed a memorandum to a representative of government. In the memorandum, amongst other things, members called for the boycotting and red-carding of companies that aided and abetted the apartheid regime; they demanded reparations and highlighted the fact that the TRC Unit has completely failed in its mandate of assisting victims and resolving the unfinished business of the TRC.”

Members share ideas for Khulumani's reparations policy.

These two groups went on to convene a “Speak Out” on Reparations which created the space for members to share their ongoing pain and trauma, what kind of reparations would make a positive impact in their lives, and how they can take action themselves to seek out solutions. The next day members of the Khulumani National Contact Centre travelled to Thokoza to meet with these groups and receive a mandate that will inform Khulumani’s evolving reparations policy proposal.

Some of these recommendations included:

– Pressuring government to set up a scheme which will enable victims to access proper health care, especially related to injuries and ongoing trauma from apartheid related abuses.

– Government must build proper houses for victims and survivors, especially where people’s houses were burned down/destroyed during apartheid.

– Commemorations and monuments should be built in places where victims’ live and not only in city centres/urban areas.

– In light of 16 years having passed since the end of apartheid, exhumations processes carried out by the NPA’s Missing Task Team should be speeded up and should be carried out in a respectful manner that respect’s victims’ rights and cultures.

– Reparations should include individual redress, community rehabilitation and funding aimed at supporting livelihood projects.

These critical reparations demands are only some of the broader aims and requests of Khulumani members, and the organisation at-large. Funds from the South African Government’s President’s Fund and/or any funds received from the lawsuit against multinational corporations should be put towards the rehabilitation of survivors lives in full recognition of the extraordinary damage caused by the gross human rights violations of the apartheid regime.

The Waving Flag and Freedom

19 Jun

K’naan’s evocative lyrics for Waving Flag start with the phrase: “When I get older, I will be stronger/They’ll call me freedom just like a waving flag.”

Many Khulumani members are much older now, but they’re not stronger –many are quite frail – and they’re not experiencing a waving flag of freedom, but ongoing poverty.

Unlike the sanitised  Coca-Cola/World Cup version of the song, the original lyrics to K’Naan’s song, which is a reflection on his own childhood in war-torn Somalia, go on: “so many wars settling scores/bringing us promises, leaving us poor/i heard them say love is the way/love is the answer that’s what they say/but look how they treat us/make us believers make we/fight their battles then they deceive us . . .”

K’maan’s reflection on the broken promises made to his generation could well be sung about the promises made to Khulumani members – they or their families were part of the freedom struggle against apartheid. Promises were made about reparations and that perpetrators who had not received amnesty would be prosecuted. The reparations were not adequate and not what the TRC recommended. Government broke that promise. Government has taken so long to start prosecutions against the perpetrators, that many of these crimes have now “expired”. Only murder does not expire as a crime. Another broken promise of Government. The National Prosecuting Authority (NPA) should have initiated these prosecutions in consultation with the victims of the crimes immediately after the closure of the Truth and Reconciliation Commission (TRC). They did not, and now they may have delayed too long.

When K’naan sings that “i heard them say love is the way/love is the answer that’s what they say”, in South Africa what they said was “the TRC is the answer”. But many people couldn’t access the TRC, and those that did, have been profoundly let down – not in the least by it’s inability to ensure government followed up and secured adequate justice, tangible reparations and corporate accountability.

For most Khulumani members, those who went to the TRC and those who didn’t, the waving flag of freedom hasn’t “opened happiness” (as Coca Cola may have you believe) but has been only a small victory in the ongoing, everyday struggles for justice. Aluta continua!

Who is Mbuyiso Makhubu and why can’t we find him?

16 Jun

Sam Nzima’s iconic picture of Hector Pieterson’s shot body being carried away from the terror of apartheid security forces bullets on June 16 1976 is recognizable all over the world. But what of the young man carrying 13 year old Hector’s body?

His name is Mbuyiso Nkita Makhubu. He supposedly left South Africa in 1978 and a few years after that all trace of him has been lost. It’s said he died in exile. But no-one knows for sure. He’s joined the ranks of the disappeared of South Africa.

Mbuyiso is a reminder of all the other children who were part of the June 16 1976 protests. Many of those children would now be in their 50s. Hector’s step-sister Antoinette Musi (now Sithole), seen in the famous picture would be 51 this year.

How is it possible that a 13 year old child could have been so cold- bloodedly killed? The post-mortem showed that he was killed by a shot fired directly at him – and not by a bullet ‘ricocheting off the ground’ as the police claimed.

Who made the bullet that killed Hector Pieterson? What vehicles transported the police into Soweto to confront the marching children? Who pulled the trigger? Was it a terrified policeman? Was there an order to shoot?

So much is known about Hector Pieterson – why don’t we know about Mbuyiso Makhubu? Surely he really acted heroically that day. He would be in his early fifties today. Why hasn’t our government done more to find out what happened to him? Why haven’t they awarded him one of South Africa’s awards?

Today — National Youth Day — we remember that Hector Pieterson was brutally murdered 34 years ago. But we also remember Mbuyiso Makhubu who tried to save him, and wonder what has happened to this hero of the struggle.

And let us not forget that the apartheid government needed the assistance of companies like Daimler, General Motors and Ford to transport the police and military. Let us not forget the assistance of companies like Rheinmetall in manufacturing bullets and armaments. Let us not forget the assistance of companies like IBM that helped computerise the racial categories of human beings the apartheid government created to oppress the majority. Let us also not forget that the apartheid government needed the assistance of the oil companies and the banks of that time.

All of these companies can be considered guilty of having common purpose in the crime of murdering Hector Pieterson, and perhaps also, as a result, the disappearance of Mbuyiso Makhubu.

Not Nigeria vs Netherlands – the Ogoni vs Royal Dutch Shell!

12 Jun

Writer, poet and environmentalist, Ken Saro-Wiwa was executed in Nigeria on November 10, 1995. He was the leader of a non-violent movement of about 50,000 Ogoni people fighting for the protection of the Niger Delta that was being desecrated by the operations of major oil companies, including Royal Dutch Shell that has the largest operation in Nigeria. Shell Oil commenced its operations in the Niger Delta in 1958.

Mr Saro-Wiwa’s campaign advocated for protection from oil spills, from the destruction of mangroves to make way for oil pipelines, and from pollution of the environment by the by-products of continuous gas flaring operations. They also complained that they had no share in the wealth being generated from oil extracted from their own land. Shell was eventually forced to quit Ogoniland in 1993. The outrage generated by the Abacha military government’s charade trial and execution of Saro-Wiwa and eight others (the MOSOP Nine) contributed to the fall of that government.

Ten plaintiffs including Saro-Wiwa’s brother and son used the Alien Tort Claims Act in a New York court to charge Royal Dutch Shell with complicity in torture, wrongful killings and human rights abuses. Just over a year ago, on 8 June 2009, a settlement was reached with Shell after a thirteen year long legal battle and three weeks of mediation. The outcome was that Shell paid out US$15,5 million to establish a Trust Fund to compensate families of the executed for their loss and to assist in providing resources for education, social services and small business enterprise support to the Ogoni People in the region. The settlement represents only about four hours or about 0,5% of Shell’s record $31.4 billion profit in 2008.

The Alien Tort Claims Act is the same legislation being used by Khulumani Support Group in its lawsuit against multinational companies — which originally also included Royal Dutch Shell for supporting the apartheid regime by supplying it with oil in defiance of the United Nations oil embargo against the apartheid government.

Last year the lawyers for the Saro-Wiwa plaintiffs said “This settlement confirms that multinational corporations can no longer act with the impunity they once enjoyed.”

If the South Africa Apartheid Litigation is won in court, the impunity of multinational corporations such as Shell, Daimler, Ford, General Motors, IBM and Rheinmettal will be further curbed.

Acknowledgment:

Remember Saro-Wiwa
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