TRC gaps leave Ahmed Timol case unresolved

Failure to subpoena security police and pursue leads has stalled justice for more than five decades, says family

Ahmed Timol. Picture: AHMED TIMOL MEMORIAL WEBSITE
Ahmed Timol. Picture: AHMED TIMOL MEMORIAL WEBSITE (, AHMED TIMOL MEMORIAL WEBSITE)

More than five decades after anti-apartheid activist Ahmed Timol died in police detention, his family says the truth remains elusive, with key questions still unanswered.

Addressing the Khampepe commission on Thursday, Timol’s nephew, Imtiaz Cajee, said each visit to the venue brings back painful memories tied to apartheid-era sites.

Timol was arrested on October 22 1971 and died in the same month. Police at the time claimed he had died by suicide after falling from the 10th floor of John Vorster Square, now known as Johannesburg Central police station. However, his family has consistently rejected this version.

Cajee questioned the conduct of apartheid police officers. “While the details are not all relevant to this commission, it is clear to me that his underground operations had been compromised. He was aware of the risks but did not flee,” he said.

“My uncle was arrested at a police roadblock with a medical student and former pupil from Roodepoort Indian High School, Prof Salim Essop.”

The police claimed suicide, but his funeral, held on October 29 1971, told a different story. If the apartheid regime believed his death would instil fear, they were mistaken

—  Imtiaz Cajee, Ahmed Timol’s nephew

Cajee said they were separated, taken to Newlands police station and then to John Vorster Square.

“Five days later, the police claimed my uncle had taken his own life by jumping from the 10th floor. During those five days, many others across the country were arrested and detained.

“The police claimed suicide, but his funeral, held on October 29 1971, told a different story. If the apartheid regime believed his death would instil fear, they were mistaken.

“An inquest was held in 1972. None of the detainees who had been arrested and tortured with him testified.”

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Cajee said during his search for answers while researching for his book led him to uncover gaps in how the case was handled by the Truth and Reconciliation Commission (TRC).

“None of the Security Branch officers involved in the arrest, detention and death of Ahmed Timol applied for amnesty, nor was anyone subpoenaed to testify at the TRC, despite notes to that effect,” he said.

He said TRC investigation files identified several alleged perpetrators, yet key recommendations were not acted on.

“A note … recommended that Mr [Joao] Rodrigues be subpoenaed for more detailed questioning, along with other [police] officers involved in the case … but the TRC did not subpoena Rodrigues or any other officers involved in the Timol case, who were all still alive at the time,” he said.

Joao Rodrigues, the apartheid policeman implicated in the murder of activist Ahmed Timol, in the Johannesburg Magistrate's Court on July 30 last year.
Joao Rodrigues, the apartheid policeman implicated in the murder of activist Ahmed Timol, in the Johannesburg Magistrate's Court on July 30 last year. (Alon Skuy)

Cajee said this failure may have denied the family long-awaited answers. “Had the TRC subpoenaed them, we probably would have had answers that my grandmother desperately needed,” he said.

Rodrigues died on September 6 2021, at the age of 82.

Cajee said the TRC itself had made damning findings about the role of apartheid authorities. “The commission finds that the minister of police, the commissioner of police, and the officers in charge of the security branch were responsible for the deaths in detention … and thus the commission of gross human rights violations.”

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Despite this, Cajee said post-TRC investigations failed to build on those findings. “My understanding is that when investigations resumed post-TRC, around 2003, the most logical starting point would have been the TRC investigation file.

“The TRC identified individuals directly responsible. The obvious step would have been for investigators to interview all implicated parties, as per the TRC findings.”

Instead, when he later approached the National Prosecuting Authority with information, he was told the investigation had yielded “negative results”.

“I did not pursue the matter further then, as my priority was completing my book. However, I later discovered that the Timol case file had been closed in 2006, after I had already published my work.”

Sowetan


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