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The dissenting judge (in three parts of the judgment), Judge Edward Korman, stated that “[the] lawsuit [is] an insult to the post-apartheid, black-majority government of a free people”. He goes on to say that a decision to hear these cases would “reflect[] the worst sort of ‘judicial imperialism’ … [and] send the message that the United States does not respect the ability of South African society to administer justice by implying that US courts are better placed to judge the pace and degree of South Africa’s national reconciliation”.

The Khulumani case, specifically, is neither about ongoing “political” processes nor about national reconciliation. It’s about damaged people seeking justice and redress that is, in fact, not available to them in their own country. The case is not about challenging the state’s sovereignty.

Hausfeld is suing 22 international banks and corporations that supported the pre-1994 political order in violation of international conventions for reparations.

Hausfeld's case was filed in November 2002 before the New York Southern District Court by the Washington-based firm of Cohen, Milstein, Hausfeld and Toll. It is based on the Alien Tort Claims Act, which grants US courts jurisdiction over certain violations of international law -- no matter where they occur.

The suit charges IBM and Fujitsu ICL with supplying technology for the white supremacist state to create passbooks for the black population that were used to control their movement, employment and residence.