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Thousands of South Africans who suffered under apartheid won the right yesterday to sue a number of companies, including BP, Citigroup and Ford, for allegedly helping to perpetrate human rights abuses.
The US Supreme Court ruled that three class actions can use the American legal system to sue approximately 50 international corporations who they believe “knowingly aided and abetted the South African military and security forces”. Some legal experts have estimated that the companies could be sued for as much as $400 billion.
The corporations that could be facing a court challenge in the United States also include ExxonMobil, UBS, Deutsche Bank, General Motors, IBM, Hewlett-Packard, Bank of America and General Electric.
The three class actions are believed to represent thousands of South Africans who suffered under apartheid between 1948 and 1994. One set of plaintiffs - a South African human rights organisation called the Khulumani Support Group - said that it had 32,700 members who were survivors of apartheid violence.
Lawyers representing the victims within the three class actions will have to establish that the companies knowingly helped the South African government to perpetrate human rights abuses. That could include, for example, proving that a motor company knew that lorries that it sold in South Africa would be used as armoured vehicles to destroy townships. It could also include establishing that a technology company sold computer equipment and software that would be used to operate a racial identification system.
Speaking to The Times, Michael Hausfeld, the lead counsel for the Khulumani group, which is based in Washington, said: “We want a legal acknowledgement of accountability, that these international corporations knowingly helped the regime violate human rights.
“A ruling in our favour would have two possible impacts. It would force the companies to pay compensation to those who were injured as a consequence of the abuses they suffered. It would also trigger a change in corporate governance.”
In a hearing in July, Mr Hausfeld said that he would ask the court to demand that the companies produce documentation about their business in South Africa up to 1994, which would show “what they did and what they knew”. It is possible that representatives of the companies would have to appear in a court in New York.
The lawsuits were filed in 2002 and were thrown out by a federal judge on the ground that the United States's courts did not have jurisdiction.
This case is the latest test of an 18th-century law, called the Alien Tort Claims Act. It allows foreigners to use the US legal system to right international law violations. The legislation was drawn up to help foreigners seek redress for issues such as piracy, but it has been used increasingly to sue corporations for their alleged involvement in human rights abuses overseas.
Last year, Yahoo! was sued for its decision to give China access to a political dissident's e-mail account. The online search engine settled.
The American and foreign corporations have appealed to the Supreme Court. The Bush Administration and business groups have supported their appeal.
BP failed to return calls. UBS declined to comment and Deutsche Bank and General Motors were not available to make any statement.
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It is about time that corporations act in a ethic manners and take responsibility in they actions and support of terror abroad. It is not surprising at all that the Bush administration is against the claim, as they have engendered & supported atrocities all across the planet for decades.
Lauren, London, uk
There were 56000 rapes in South Africa in just six months last year, both of adults and children.
Who will sue on their behalf?
Eye - Twig,
Eye - forest
Ian , London,
Companies violate Human Rights on a regular basis. A company has its own legal personality and thus should in theory be liable for any crime/torts it commits or contributes to. ACTA has not had many success stories, so I am glad about this!
p, London, UK
No, these claims are based on and limited by the Alien Tort Claims Act; you cannot simply sue companies or governments for no reason.
Should you wish to actually read the Act before making uninformed comments, I believe Wikipedia provides fairly useful guidance.
c, London,
Wow. How does this make any sense to anyone? Did any international laws prohibit these companies doing business with a horrible but recognized government? Does anything like "EX POST FACTO" exist anymore? If I do not violate any laws, is it up to me to determine that those that I interact with do?
Jason, Virginia, USA
Name one thing the Romans did for us!!!!!
Kenneth Cameron, Calgary,
This should go to a world court, not the US court system. Lawyers are licking their lips over this. Im sure taxpayers will be paying the brunt of the bill as this goes on for years and years. Will this make us more liked in SA? No. In the world? No. Help anyone? No. Go run to your wonderful UN.
William, Atlanta, USA
Computers being used for racial identification ? I think that covers practically every government & council system in the UK.
R Bowden, London,
this case if won would lead to a precedent that would be hard to stop. Corporation that sold cars to saddam and other goods during his rule would be liable. Any person who's right has been abuse would use this precedent. This is another political arm on corporation to surporte the US.
Mr. Marco L. Francis , mahe, Seychelles
The problem is that apertheid was wrong and was prolonged because of these companies, and you lot think there should be forgiven. it worries that all political and economic decisions are along racial lines. whites should sue if they were victims. As african we suffered, please dont water it down
misheck , london, RSA
Emile
My understanding is that the current South African government is opposed to these legal actions as the ANC's view was that redress would be achieved through the disclosure of the Truth and Reconciliation Commission, not court cases.
FA, London,
God, what is this world coming to? As a white South African currently in exhile due to reversed racial discrimination currently termed not apartheid, "Black Economic Empowerment" I think we ought to claim compensation for all the current discrimination and violence perpetrated against white people!
Emile, London, UK
So if a company sents goods to Burma
Are they going to be sued in 20 years time.
Bear in mind everything including aid passes through the military
Nicholas Iles, Oswestry, Shropshire
So can the citizens of South Africa also lay claims against the SA government for its failure to stop the terrible crime and corruption in South Africa since the ANC government came to power. An average of nearly 30 000 people are unlawfully killed and many more raped and robbed now every year.
B J Deller, Marbella, Spain
All the World could lay a claim for victimhood at some stage in their lives. Human rights 200 years ago existed only for the aristocracy anywhere. Rights have been hard-won, anti-slavery, voting rights to men the 19th century, women in the early 20th and for most still to be won; can all now claim?
Jon Quirk, Ulan Bator, Mongolia