19 October 2007
The Minister for Justice and Constitutional Development, Brigitte Mabandla,
MP, has noted the decision of the New York Circuit Court of Appeal to reverse
the finding of the district court on the Alien Tort Claims Act. The Alien Tort
Claims Act allows foreign victims of serious human rights abuse by
multi-nationals to sue the perpetrators in United States (US) courts.
Minister Mabandla wants to reiterate that the government's consistent
position on the matter, as captured in the Maduna Declaration of July 2003, is
essentially of a political nature. The government is of the view that the case
is directly related to the sovereignty of the South African state and should be
resolved through South Africa's own democratic processes. "We submit that
another countryâs courts should not determine how ongoing political processes
in South Africa should be resolved," Minister Mabandla said in her declaration
filed in the New York court.
Like her predecessor, Penuell Maduna, the Minister maintains that "the
responsibility to address the country's apartheid past, the development of
policies addressing this past and the rehabilitation and improvement of the
lives of the people of South Africa lies with the South African government and
not foreign courts."
Contact:
Zolile Nqayi
Spokesperson: Ministry of Justice and Constitutional Development
Tel: 021 467 1714
Cell: 082 898 6483
Fax: 021 467 1732
E-mail: znqayi@justice.gov.za
Issued by: Ministry of Justice and Constitutional Development
19 October 2007
