Apartheid lawsuit continues
2010-01-11 11:31
Johannesburg - Former education minister and anti-apartheid activist Kader Asmal is expected to be one of the parties siding with multi-national corporations in an apartheid-era reparations suit due to continue in a New York court on Monday.
"Kader Asmal sides with the companies," said professor Marjorie Dobson, national director of the group.
Monday's argument was expected to focus on whether the New York southern district court had the jurisdiction to hear the case.
"There will be 15 minutes of cross questioning by the judges of each side based on the arguments submitted. We have argued that the court has jurisdiction," said Jobson.
Friend of the court
The Sowetan reported that the case, involving 25 South Africans, had led to Asmal applying to be a friend of the court on the side of the corporations which included General Motors, Barclays Bank, Fujitsu, UBS, Ford, IBM, Rheinmetall Group AG and Daimler.
In papers filed before the court ,the companies reportedly argued that “no international tribunal has ever found a corporation liable for violating customary international law”.
“A corporation… lacks the qualities of a moral agent, eg it has no moral conscience… corporate liability does not exist because moral condemnation can only be imposed on natural persons,” they argued.
- SAPA