South African Government Withdraws Opposition To Apartheid Lawsuits Pending in U.S. Federal Court

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Thu Sep 3, 2009 8:30am EDT

Hausfeld LLP, Schonbrun DeSimone Seplow Harris and Hoffman LLP,and other members
of plaintiffs` legal teams applaud major development in lawsuits against
multinational companies for human rights violations during apartheid
NEW YORK--(Business Wire)--
The South African government reversed its opposition to a pair of lawsuits
pending in federal court in New York in which apartheid victims have alleged
certain U.S. and foreign corporations aided and abetted human rights violations
by South Africa`s apartheid regime. The reversal was detailed in a letter
delivered Tuesday by the South African government to a U.S. federal judge. 

The letter from South Africa`s Minister of Justice and Constitutional
Development to District Judge Shira A. Scheindlin in the Southern District of
New York concluded the U.S. court is "an appropriate forum" to hear claims by
South African citizens that the corporations aided and abetted "very serious
crimes, such as torture [and] extrajudicial killing committed in violation of
international law by the apartheid regime." The South African government also
offered its counsel to facilitate a possible resolution of the cases between the
corporate defendants and the South African victims. 

The South African government's submission to the Court indicates that its
concerns about the lawsuits as originally framed have been satisfied and clears
the way for a resolution on the merits of these important claims; and the letter
reverses the South African government`s 2003 position that the lawsuits, in
their original form, should be dismissed because the government believed the
lawsuits might interfere with South Africa`s ability to address its apartheid
past and might discourage economic investment in the country. 

Background On The Two Lawsuits

These cases, which have been pending in U.S. courts for more than seven years,
allege that the defendant companies - including Daimler, Ford, General Motors,
IBM and German arms manufacturer Rheinmetall - aided and abetted apartheid
crimes including torture, extrajudicial killing, and arbitrary
denationalization. The plaintiffs filed amended complaints in October 2008 that
sought to address concerns that the South African government expressed about the
initial lawsuits. 

Comments From Legal Team

"The reversal by the South African government represents a monumental victory
for victims of human rights abuses who have sought access to justice in U.S.
courts and a victory in the arena of legal accountability for corporations and
others who would provide substantial assistance in aid of the perpetration of
such abuses," said Michael D. Hausfeld, Chairman of Hausfeld LLP. "The South
African government`s past opposition to these claims became the poster child of
international corporations fighting the use of U.S. law permitting victims of
egregious human rights violations to seek relief in U.S. courts." 

"The plaintiffs in these human rights cases are gratified by the South African
government's support for their long-standing quest for some measure of justice
in U.S. courts," said Paul Hoffman, lead counsel for the Ntsebeza plaintiffs,
"and look forward to the South African government's contribution to a just and
prompt resolution of their claims." 

"By stating that the Southern District of New York is an appropriate venue for
this case, the South African government sends the message that perpetrators of
human rights violations can be brought to justice in U.S. courts," said Susan
Farbstein, a Lecturer on Law at the International Human Rights Clinic at Harvard
Law School. "For our plaintiffs, this letter represents a statement on behalf of
the South Africa government in support of their struggle for accountability." 

"Our hope is that this brings us one step closer to justice for our plaintiffs
and to collaboration between governments and victims to achieve redress for
apartheid-era crimes," said Diane Sammons of Nagel Rice LLP. 

About Legal Team

Hausfeld LLP, a global claimants` law firm dedicated to handling large and
complex litigation matters for individuals, corporations and organization,
represents apartheid victims in one of the two cases, Balintulo v. Daimler AG,
along with South African and other U.S. counsel. Another set of plaintiffs,
those in Ntsebeza v. Daimler AG, are represented by U.S. counsel from Schonbrun
DeSimone Seplow Harris and Hoffman LLP, Nagel Rice LLP, the law offices of
Judith Brown Chomsky, and the International Human Rights Clinic at Harvard Law
School, as well as South African counsel. 

For additional information related to these cases and developments, please
contact: 

Michael D. Hausfeld, Hausfeld LLP, 202.540.7200
Paul Hoffman, Schonbrun DeSimone Seplow Harris and Hoffman LLP, 301.396.0731 

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Media:
Lustig Communications for Hausfeld LLP
Brian Lustig, 301-775-6203
Brian@LustigCommunications.com
or
Harvard Law School
Michael Jones
Communications Director
International Human Rights Clinic
617-495-9214
mijones@law.harvard.edu


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