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KHULUMANI, SAKWE BALINTULO As UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK _______________________________________ KHULUMANI, SAKWE BALINTULO as ) personal representative of SABA ) BALINTULO, FANEKAYA DABULA as ) personal representative of LUNGILE ) Civil Action No.: ___________ DABULA, NOKITSIKAYE VIOLET ) COMPLAINT DAKUSE as personal representative of TOZI ) JURY TRIAL DEMANDED SKWEYIYA, BERLINA DUDA as personal ) representative of DONALD DUDA, MARK ) FRANSCH as personal representative of ) ANTON FRANSCH, SHERIF MZWANDILE ) GEKISO as personal representative of ) NTOMBIZODWA ANNESTINA ) NYONGWANA, ELSI GUGA as personal ) representative of JAMES GUGA, JOYCE ) HLOPHE as personal representative of ) JEFFREY HLOPHE, NOMVULA EUNICE ) KAMA as personal representative of ) MNCEDISI DLOKOVA, JOYCE LEDWABA ) as personal representative of SAMUEL ) LEDWABA, JOHANA LERUTLA as personal ) representative of MATTHEWS LERUTLA, ) FRIEDA Z. LUKHULEI as personal ) representative of TOKKIE LUKHULEI, ) ELIZABETH MAAKE as personal ) representative of JACKSON MAAKE, ) ARCHINGTON MADONDO as personal ) representative of MANDLA MADONDO, ) SOPHIE MAIFADI as personal representative ) of BENJAMIN MAIFADI, TSHEMI ) MAKEDAMA as personal representative of ) LUGILE MAKEDAMA, MABEL MAKUPE ) as personal representative of ANDREW ) MAKUPE, MABEL MALOBOLA as personal ) representative of MALOBOLA MBUSO, ) EVELYN MATISO as personal representative ) of PITSI MATISO, BETTY MGIDI as ) personal representative of JEFFREY MGIDI, ) ELIZABETH MKHONWANA as personal ) representative of OBED MKHONWANA, ) CATHERINE MLANGENI as personal ) representative of BHEKI MLANGENI, CECIL ) MLANJENI as personal representative of ) KELE MLANJENI, SAMUEL MORUDU as ) 1 personal representative of SANNAH P. ) LESLIE, TSHIDISO MOTASI as personal ) representative of JOHN AND PENELOPE ) MOLOKE, WILLIE NELANI as personal ) representative of MONGEZI NELANI, ) CATHERINE NGQULUNGA as personal ) representative of BRIAN NGQULUNGA, ) CATHERINE PHIRI as personal ) representative of THOMAS PHIRI, ) ELIZABETH SEFOLO as personal ) representative of HAROLD SEFOLO, MARIA ) SIBAYA as personal representative of ) JEFFREY SIBAYA, PATRICIAL M. SONGO ) as personal representative of DIPULO ) SONGO, MPOLONTSI TYOTE as personal ) representative of BOYBOY TYOTE, ) NOMKHANGO PHUMZA SKOLWENI ) DYANTYI, CLIFFORD ZIXELILE ) FUDUKILE, WINDOVOEL GAAJE, ) CHARLES HLATSHWAYO, MOSES ) HLONGWANE, LESIBA KEKANA, ) SANAKI MAHLATSI, ROBERT MAKANA, ) ZAKHARIA FIKILE MAMBA, ELLIOT ) SITHEMBISO MARENENE, ALFRED ) MASEMOLA, MAUREEN THANDI ) MAZIBUKO, MICHEAL MBELE, ) LAETITIA NOMBAMBO MFECANE as ) personal representative of RUBIN MFECANE, ) DENNIS MLANDELI, TEFO MOFOKENG, ) MOTLALETSATSI MOLATEDI, AZARIEL ) MOLEBELELI, SIMON MOLOTSI, LINA ) MOREANE as personal representative of ) ALBERT XABA, THABISO SAMUEL ) MOTSIE, SONTO NDLOVU, ) MANGINDIVA ROBERT RHENENE, ) THOBILE SIKANI, BUBELE STEFANE, ) NOLUTHANDO BILETILE, LESLIE ) MNCEDISI BOTYA, LEON DUKASHE, ) ELSIE GISHI, DORTHIA GOMO-PEFILE, ) ZAMIKHAYA BISHOP KHALI, JAMES ) MAGABANA, NOSIPHO MANQUBA, ) NOTATHU EUGENIA MATOMELA, ) NOMISA THERESIA MAY, MBONGENI ) NELSON MBESHU, MZUHLANGENA ) NAMA, ELIAS NGAMANI as personal ) representative of ELIZABETH NGAMANI, ) 2 GESHIA NGOXZA, LUCAS ) NDUKWAYIBUZWA NGWENYANA, ) WELLINGTON MTYUKATO ) NKOSIPHENDULE, VUYANI ) NONGCAMA, SINDISWA MIRRIAM ) NUNU, THULANI NUNU, BONIWE ) PHALAZA, PATHISWA PRINGANE as ) personal representative of MTHOZAMA ) THEOPHILUS PRINGANE, MTHUTUZELI ) SIKANI, NOLUTHANDO SILETILE, ) THEMBEKA VICTORIA SIPHAHO, ) JOHANNES TITUS, MPOLONTSI TYOTE, ) MTHUZIMELE MELFORD YAMILE, ) NTUNANI WILLIAM ZENANI, ) THANDIWE SHEZI, ELIAS B. BONENG, ) DENNIS VINCENT FREDERICK BRUTUS, ) MORALOKI A. KGOBE, REUBEN ) MPHELA, and LULAMILE RALRALA, ) ) Plaintiffs, ) ) v. ) ) BARCLAYS NATIONAL BANK LTD, ) BRITISH PETROLEUM P.L.C., ) CHEVRONTEXACO CORPORATION, ) CHEVRONTEXACO GLOBAL ENERGY, ) INC., CITIGROUP INC., COMMERZBANK, ) CREDIT SUISSE GROUP, ) DAIMLERCHRYSLER AG, AEG ) DAIMLER-BENZ INDUSTRIE, DEUTSCHE ) BANK AG, DRESDNER BANK AG, ) EXXONMOBIL CORPORATION, FLUOR ) CORPORATION, FORD MOTOR ) COMPANY, FUJITSU LTD., GENERAL ) MOTORS CORPORATION, ) INTERNATIONAL BUSINESS MACHINES ) CORPORATION, J.P. MORGAN CHASE, ) RHEINMETALL GROUP AG, RIO TINTO ) GROUP, SHELL OIL COMPANY, TOTAL- ) FINA-ELF, UBS AG, and DOE ) CORPORATIONS 1 – 100, ) ) Defendants. ) ______________________________________ ) 3 Plaintiff organization on behalf of itself and its members, as well as Plaintiff individuals (“Plaintiffs”), for their Complaint state as follows: NATURE OF CASE 1. Crimes against humanity, genocide, extrajudicial killings, torture, unlawful detention, and cruel, inhuman, and degrading treatment are violations of international law. All of these crimes were practiced by the apartheid regime of South Africa between 1960 and 1993. Apartheid itself is recognized as a crime against humanity and a violation of international law. 2. Plaintiffs, victims of apartheid-era violence, bring this action under the Alien Tort Claims Act, 28 U.S.C. §1350, against the corporations which aided and abetted or otherwise participated in these crimes. Plaintiffs are the personal representatives of victims of extrajudicial killing, or were themselves tortured, sexually assaulted, indiscriminately shot, or arbitrarily detained by the apartheid regime. Plaintiffs also lived under the apartheid system and were subject to the racial pass laws, forced relocations, job restrictions, housing restrictions, repression, lack of educational opportunity, poor housing and living conditions, and overwhelming injustices that characterized apartheid. 3. Recent historical evidence demonstrates that the participation of the defendants, companies in the key industries of oil, armaments, banking, transportation, technology, and mining, was instrumental in encouraging and furthering the abuses. Defendants’ conduct was so integrally connected to the abuses that apartheid would not have occurred in the same way without their participation. 4. Beginning in 1950, the world community identified and condemned apartheid as a crime against humanity and instituted a variety of sanctions against South Africa, including embargoes on armaments, oil, and technology. These actions put the defendants on notice that 4 their involvement violated international law and constituted participation in a crime against humanity. Nevertheless, Defendants provided substantial assistance to the apartheid regime, acting in the face of an unjustifiably high risk of harm to the African population. Defendants acted with deliberate indifference to the well-being of the African population and knew or should have known that their conduct endangered the lives of black South Africans. The defendants’ conduct also satisfies the principles of third party liability which were imposed on corporate participants in crimes against humanity by the Nuremburg Tribunal. 5. Apartheid intentionally dispossessed, disenfranchised, dominated, and abused the black South African population from 1960 to 1993. Its consequences continue to date. This action seeks a measure of justice for its victims. JURISDICTION AND VENUE 6. This Court has subject matter jurisdiction based on the following: (a) 28 U.S.C. § 1350, the Alien Tort Claims Act; (b) 28 U.S.C. § 1331, in that Plaintiffs make claims against Defendants under federal common law as it incorporates customary international law and international treaties; (c) 28 U.S.C. § 1332(a)(3) in that the matter in controversy exceeds the sum or value of $75,000 per plaintiff and is between citizens of different states and in which citizens or subjects of a foreign state are additional parties; and (d) 28 U.S.C. § 1367 for any claims not otherwise covered by the aforementioned jurisdictional bases. 7. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(3) in that defendant corporations may be found in this district and there is no district in which the action may otherwise be brought. 5 DEFINITIONS 8. Apartheid literally means “separateness”.1 Apartheid is defined by the Rome Statute of the International Criminal Court as “inhumane acts . committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime.” Plaintiffs also adopt the definition of apartheid in Article II of the International Convention on the Suppression and Punishment of the Crime of Apartheid. The treaty defines apartheid as a system that includes murder; the infliction of serious bodily or mental harm; torture or cruel, inhuman, or degrading treatment; the “deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part;” denying to members of a racial group basic human rights and freedoms such as the right to work, the right to education, and the freedom of peaceful assembly; exploitation of the labor of the members of a racial group or groups, in particular by submitting them to forced labor; the division of a population by racial lines by the creation of separate reserves and ghettos, the prohibition of mixed marriages and the expropriation of property belonging to a racial group or groups; and the institution of measures calculated to prevent a racial group from participation in the political social, economic and cultural life of a country, in particular by denying the group or groups basic human rights or freedoms. 9. “Apartheid
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