The torturous death anti-apartheid activist, president-general of the ANC and Nobel Peace Prize winner Chief Albert John Mvumbi Luthuli endured and the collusion between security police, district surgeons, pathologists, prosecutors and the magistrate who presided over the initial inquest came to the fore in the Pietermaritzburg High Court on Monday.
Luthuli's inquest was officially reopened by judge Nompumelelo Radebe in a courtroom packed with politicians, the media and curious onlookers.
Luthuli allegedly died from head injuries sustained after being hit by a goods train in Stanger in July 1967. A subsequent inquest in September that year found the incident to be an accident and the evidence did not disclose culpability on the part of anyone.
But in an opening statement on Monday, lead prosecutor Adv Ncedile Dunywa said there was now evidence of collusion spanning various stakeholders.
“The state shall expose the cruelty meted out to those who dared to oppose the ideological framework which deprived black people of their human rights and the silencing of any opposing voice,” he said.
“His friends and family and indeed, the international community have for more than half a century been waiting to find out the truth behind his death.”
He said the 1967 inquest and the findings of the presiding magistrate Mr CI Boswell was not based on factual evidence, “but rather subversion of justice to ensure that the perpetrators remained hidden and protected”.
This, he said, was evident from correspondence “in a secret circular” between the magistrate and the-then secretary of justice eight days before the inquest was set to begin.
Boswell had written that he did not “expect the finding to be one other than accidental death. I gather, however, that the cause of death, as furnished by the District Surgeon, might be questioned by relatives, but I cannot anticipate on which grounds the dispute is based”.
This, Dunywa said, “indicates without a shadow of doubt that the magistrate had taken a decision before hearing evidence and conducting investigations”.
He said most of the witnesses at the initial inquest had merely confirmed their affidavits and the magistrate had not done his job, as prescribed in the Inquest Act, of properly interrogating the facts and ensuring a full and fair investigation into the circumstances of Luthuli’s death.
He said the state would present evidence showing that Luthuli had injuries and bruising on his arms and hands, inconsistent with being hit by a train but more consistent with “defensive injuries”.
He said the state had procured all the original documents but had not been able to locate any of the original witnesses, some of whom had died.
For the past 14 months, representatives from the Luthuli family have been working closely with a highly dedicated team at the National Prosecuting Authority to ensure that this crucial phase of the inquest proceeds with diligence and transparency.
— The Chief Albert Luthuli Foundation
However, experts had reconstructed the scene and would testify about the probabilities of Luthuli having been hit by a train using “science and mathematics” and would also provide a “simulation” which would focus on inherent improbabilities in the evidence at the initial inquest.
The court would also hear from Luthuli’s relatives, including his daughter Dr Albertina Luthuli, and colleagues in the ANC about his life and the harassment and persecution he endured at the hands of apartheid security agencies.
Medical evidence would be that the injuries Luthuli sustained could not have been caused by the impact of a moving train.
“For example the court heard that the body was flung following an impact with a train. But from the postmortem report, there were no findings on the skin of the torso, or the lower limbs which could favour that notion.”
The reopening of the inquest was approved by former justice minister Ronald Lamola after receiving recommendations from Adv Elaine Harrison, the KwaZulu-Natal director of public prosecution.
In a statement, The Chief Albert Luthuli Foundation, representing the family, welcomed the reopening of the inquest, saying it marked a “significant milestone in the pursuit of truth and justice” for the family.
“For the past 14 months, representatives from the Luthuli family have been working closely with a highly dedicated team at the National Prosecuting Authority to ensure that this crucial phase of the inquest proceeds with diligence and transparency,” the statement read.
The family and the community of Groutville had been actively engaged in the process, providing support and information where necessary, and advocating for a full and fair account of the events leading to Luthuli’s death.
“It is the sincere hope of the family — particularly his two remaining daughters, Dr. Albertina Luthuli (age 93) and Ambassador Thandeka Luthuli-Gcabashe (age 90), that the truth regarding their father’s death will finally be made public.
“For them, it is a matter of closure and justice; a deeply personal hope to put this matter to rest within their lifetimes.”
The inquest has been set down to run until May 16.
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