The National Prosecuting Authority has welcomed the decision of the Western Cape High Court setting aside the findings of an inquest into the death of anti-apartheid activist Imam Abdullah Haron in September 1969.
The 1970 inquest found that Haron’s cause or likely cause of death in the Maitland police station cells was myocardial ischemia, a likely contributing cause being a disturbance of the blood clotting mechanism and blood circulating due, in part, to trauma superimposed on a severe narrowing of a coronary artery.
A substantial part of the trauma was caused by an accidental fall down a flight of stone stairs, it found.
In its ruling on Monday, the high court said for the past 54 years, the imam’s family, friends and comrades in the anti-apartheid struggle had never accepted the findings of the magistrate.
Judge Daniel Thulare found Haron's death was attributable to the cumulative effect of injuries under torture.
He said the Security Branch of the South African Police was responsible for the acts and omissions leading directly to the death of Haron.
“The magistrate’s finding, frankly and candidly reduced to that the imam fell on his bum and had a heart attack, must count as a joke of the past 53 years. It deserved to be laughed out loud if it did not cause such severe pain and heartache for those who sought the truth and closure,” Thulare said.
The NPA said it was requested to reopen the inquest on September 1 2021.
It approached justice minister Ronald Lamola and successfully applied for the reopening of the inquest in March last year. A presiding officer was appointed on May 30 2022, and proceedings in terms of the Inquest Act commenced in November.
“The reopened inquest heard that Imam Haron was arrested on May 28 1969... and detained in Cape Town. On August 11 1969, he was transferred to Maitland police station where he was detained until his death on September 27 1969,” NPA spokesperson Eric Ntabazalila said.
He said police had believed Haron was involved in continuing activities of the banned Pan Africanist Congress and the recruitment of its members, and had received thousands of rand from abroad through different local banks for unlawful use.
Western Cape director of public prosecutions Nicolette Bell welcomed the judgment which she said was the result of the NPA’s commitment to pursuing priority Truth and Reconciliation Commission cases.
The NPA said it remained committed to ensuring accountability for TRC crimes, and justice for victims and their families, as they searched for answers to what had happened to their loved ones.
Ntabazalila said over the past few years, the NPA and the Hawks had focused on enhancing capacity and streamlining processes to ensure effective handling of TRC cases and reopening and pursuing priority cases.
“Sixteen prosecutors and 39 [Hawks] investigators have been appointed within the various divisions to deal exclusively with TRC matters, to work with families, and to investigate cases, inter alia, of murder, torture and disappearances.”
He said there were 135 matters under investigation. In some cases, prosecutions had begun. In others, inquests were being held or even re-held to establish the circumstances of, and responsibility for, these deaths.
“The effluxion of time poses many challenges in the investigation of these matters. But time is not on our side, and we must continue to strive for justice,” Ntabazalila said.
TimesLIVE
NPA welcomes court decision setting aside Imam Haron inquest findings
Image: Brenton Geach
The National Prosecuting Authority has welcomed the decision of the Western Cape High Court setting aside the findings of an inquest into the death of anti-apartheid activist Imam Abdullah Haron in September 1969.
The 1970 inquest found that Haron’s cause or likely cause of death in the Maitland police station cells was myocardial ischemia, a likely contributing cause being a disturbance of the blood clotting mechanism and blood circulating due, in part, to trauma superimposed on a severe narrowing of a coronary artery.
A substantial part of the trauma was caused by an accidental fall down a flight of stone stairs, it found.
In its ruling on Monday, the high court said for the past 54 years, the imam’s family, friends and comrades in the anti-apartheid struggle had never accepted the findings of the magistrate.
Judge Daniel Thulare found Haron's death was attributable to the cumulative effect of injuries under torture.
He said the Security Branch of the South African Police was responsible for the acts and omissions leading directly to the death of Haron.
“The magistrate’s finding, frankly and candidly reduced to that the imam fell on his bum and had a heart attack, must count as a joke of the past 53 years. It deserved to be laughed out loud if it did not cause such severe pain and heartache for those who sought the truth and closure,” Thulare said.
The NPA said it was requested to reopen the inquest on September 1 2021.
It approached justice minister Ronald Lamola and successfully applied for the reopening of the inquest in March last year. A presiding officer was appointed on May 30 2022, and proceedings in terms of the Inquest Act commenced in November.
“The reopened inquest heard that Imam Haron was arrested on May 28 1969... and detained in Cape Town. On August 11 1969, he was transferred to Maitland police station where he was detained until his death on September 27 1969,” NPA spokesperson Eric Ntabazalila said.
He said police had believed Haron was involved in continuing activities of the banned Pan Africanist Congress and the recruitment of its members, and had received thousands of rand from abroad through different local banks for unlawful use.
Western Cape director of public prosecutions Nicolette Bell welcomed the judgment which she said was the result of the NPA’s commitment to pursuing priority Truth and Reconciliation Commission cases.
The NPA said it remained committed to ensuring accountability for TRC crimes, and justice for victims and their families, as they searched for answers to what had happened to their loved ones.
Ntabazalila said over the past few years, the NPA and the Hawks had focused on enhancing capacity and streamlining processes to ensure effective handling of TRC cases and reopening and pursuing priority cases.
“Sixteen prosecutors and 39 [Hawks] investigators have been appointed within the various divisions to deal exclusively with TRC matters, to work with families, and to investigate cases, inter alia, of murder, torture and disappearances.”
He said there were 135 matters under investigation. In some cases, prosecutions had begun. In others, inquests were being held or even re-held to establish the circumstances of, and responsibility for, these deaths.
“The effluxion of time poses many challenges in the investigation of these matters. But time is not on our side, and we must continue to strive for justice,” Ntabazalila said.
TimesLIVE
READ MORE
‘The police version is not credible’: expert in inquest into death of Imam Abdullah Haron
Reopened inquest into Imam Abdullah Haron’s death to right the wrong of 53 years ago
High court reopens Imam Abdullah Haron inquest 53 years after his death in police custody
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Most read
Latest Videos