June 29, 2016
Statement On The End Of The In Re South African Apartheid Litigation
Last week, the U.S. Supreme Court declined to hear a major corporate accountability case, Ntsebeza, et al., v. Ford Motor Co., et al., that represented the last opportunity for South Africans to achieve justice in U.S. courts for apartheid-era crimes. The U.S. corporations – Ford and IBM – were alleged to have purposefully facilitated violations of international law by enabling the denationalization and violent suppression, including extrajudicial killings, of black South Africans living under the apartheid regime. What began fourteen years ago as litigation against dozens of multinational corporations has effectively ended without ever even entering discovery.
We are deeply disappointed for our clients and the communities who suffered as a direct result of corporate complicity in violence and oppression. We are also extremely concerned about the reluctance of U.S. courts to take on powerful corporate actors that have involved themselves in human rights abuses abroad.
The U.S.-based legal team for the Ntsebeza plaintiffs was led by Paul Hoffman of Schonbrun, Seplow, Harris & Hoffman, LLP and includes Judith Brown Chomsky of the Law Offices of Judith Brown Chomsky, and Diane Sammons and Jay Rice of Nagel Rice LLP as well as Tyler Giannini and Susan Farbstein from the International Human Rights Clinic at Harvard Law School. The South African-based legal team for the Ntsebeza plaintiffs was led by Advocate Dumisa Ntsebeza and includes attorneys John Ngcebetsha, Gugulethu Madlanga, and Medi Mokuena, and Advocate Michael Osborne. The Ntsebeza case was part of broader litigation known as the In re South African Apartheid Litigation, which included the companion case, Balintulo, et al., v. Ford Motor Co., et al. (formerly known as the Khulumani case).