Oral argument begins in the Second Circuit Court of Appeal in New York tomorrow when the Khulumani Support Group takes on the 23 multinationals.

The lobby group successfully appealed against the District Court of New York’s dismissal of the case it and 87 apartheid survivors filed in 2002.

The group wants the companies to pay compensation to victims of human rights who suffered under apartheid.

Demonstrators will demand Mabandla retract an opposing affidavit which supports the companies.

She has entered the case as “friend of the court” on the side of the multinationals, which include Barclays, BP, DaimlerChrysler, Ford, Rheinmetall, Shell and Total.

This was a confirmation of former justice minister Penuell Maduna’s position, taken in 2003, that business’ liability for apartheid had already been dealt with by the Truth and Reconciliation Commission (TRC) hearings.

Khulumani chairwoman Marjorie Jobson said the group aimed to establish respect for the rule of law among corporations and to prevent a recurrence of the harm suffered by ordinary people during apartheid.

“None of the 23 multinational corporations named in the Khulumani case used opportunities provided by the TRC to acknowledge complicity with the apartheid government,” Jobson said.

She said the only means of preventing a recurrence of human rights violations through the collusion of multinational corporations with illegitimate political regimes was through enforcing the constitutional right of citizens to seek legal redress in a competent court.

Jobson said Mabandla’s submission to the court had the potential to undermine the extension of the rule of law to all persons and juristic bodies, including corporations.

“We call on this government to restore the hope of victims and survivors and to honour their contributions to the daily struggle for freedom and democracy in SA,” the Khulumani chairwoman said.