Anglo American strongly rejects efforts to claim apartheid reparations
04 April, 2003
In response to a Reuters report indicating that lawyers, including US lawyer, Ed Fagan, had filed suit in the US for damages against Anglo American plc, Anglo American strongly rejects the efforts made by US lawyers and others to use US courts to resolve important issues for South Africa's future.
Anglo American believes that the question of whether reparations to individuals is an appropriate or effective way to assist in the rebuilding of South Africa is a matter to be resolved through South Africa's democratic processes (including, if necessary, its courts), as part of South Africa's ongoing broad efforts to bring about reconciliation and reconstruction after apartheid.
The Company has already made extensive contributions to the process of reconciliation and reconstruction that is underway in South Africa, including acting in partnership with South Africa's many governmental and non-governmental initiatives to redress the effects of apartheid. During the apartheid era Anglo American undertook many actions in opposition to apartheid policies and in support of anti-apartheid campaigners. We firmly believe that our opposition helped bring about an end to the apartheid system.
Certain press reports may have created the erroneous impression that Anglo American is prepared to hold discussions in connection with lawsuits brought in the United States that seek payment of reparations to individuals. In fact, the Company is participating fully and in a constructive spirit in the ongoing debate and dialogue regarding the best means for rebuilding South Africa. Such a debate must necessarily take place in South Africa by South Africans through their democratic institutions, not with lawyers purporting to seek resolution of such matters in foreign courts.
ENDS
Background information for editors:
On 31 March Mr J S Ngcebetsha of Ngcebetsha, Madlanga Attorneys addressed a letter to Anglo American requesting a meeting with himself and Mr Ed Fagan to discuss a claim for apartheid reparations against the company. The News Release above contains the text of Anglo American's response in declining the invitation and briefly sets out the company's position on the matter of reparations.
The company's position on the final Truth and Reconciliation Commission (TRC) report, in which the issue of reparations is also raised, was set out at length in an interview with Mr Michael Spicer, Executive Director Corporate Affairs, carried in Independent Newspapers of South Africa's Business Report on 29 March. An abridged version of this interview is available electronically on request as is a copy of Anglo American's November 1997 submission to the TRC.