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Dismissal of Khulumani Lawsuit in New York District Court

[Johannesburg, 1 September 2014] - US District Court Judge Scheindlin dismisses the Apartheid Litigation on grounds that the recent narrowing of the scope of application of the Alien Tort Statute now prevents claims that involve foreign conduct by foreign subsidiaries of American corporations: 28 August 2014

After 12 years of sustained advocacy towards ending the impunity of transnational companies for aiding and abetting the perpetration of gross human rights violations in South Africa, through their collaboration with and provision of military and other strategic equipment to the security agencies of the apartheid regime, the presiding judge, Shira Scheindlin has ruled that ATS jurisdiction following Kiobel II no longer extends "to claims involving foreign conduct by foreign subsidiaries of American corporations". In the Khulumani case, all the conduct in question relates to conduct by subsidiaries of the American parent companies, Ford Motor Company and IBM.

While the judge expressed her appreciation of the specific and detailed evidence of the role of the subsidiaries of IBM and Ford Motor Company during apartheid, provided by the plaintiffs' lawyers, and her own belief that the case should be allowed to go forward, she explained that she was bound by the decisions of the Second Circuit and the Supreme Court to rule against our motion to amend our complaint to the court. Judge Scheindlin ruled that the bar set by the Supreme Court in Kiobel II, and raised by the Second Circuit in Balintulo, had been found in our case to be too high to overcome.
[Full Story.]
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Dismissal of Khulumani Lawsuit in New York District Court

Last updated : 1 September 2014


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