Biko papers: Family sues

The Steve Biko family and the Steve Biko Foundation are taking legal action after a deadline for the return of documents related to the anti-apartheid activist passed without response.

Late yesterday, Biko's son, Nkosinathi, and trustees of the foundation were talking to lawyers about their next move.

The purported owners of the documents, siblings Clive and Susan Steele, had until Monday to hand them over.

"Since they have declined to do so, we have no choice but to continue with legal processes," said Nkosinathi Biko.

Also at issue is the right to the disposal of an unsigned draft of an affidavit related to the postmortem results of another anti-apartheid activist, Ahmed Timol, who died in police custody in 1971.

Timol's nephew, Imtiaz Cajee, said : "The Timol family is united with the Biko family and the Steve Biko Foundation to ensure Clive and Susan Steele hand these documents over to us."

The Biko postmortem document was expected to fetch between R70000 and R100000 at auction, and the Timol document R20000. A High Court interdict stopped the auction .

Biko Foundation spokesman Thando Sipuye said: "What we are questioning is the high price that is being asked, which suggests they are original [documents]."

Jeremy Clark, who is representing the Steeles, said they are the owners of the documents, which were copies, and have been for 37 years.

"All the information in the document has been made public, there is nothing in the [postmortem] report that is private. The document can be obtained from the National Archives."

He said the Timol document was an affidavit written seven months after the activist's death.