Justice and Correctional Services Minister Ronald Lamola has announced that the inquest into the death of former African National Congress (ANC) president Chief Albert Luthuli will be reopened − 57 years after his death.
Lamola acting on recommendations from the National Prosecuting Authority (NPA) has decided to re-open inquests into the apartheid-era deaths of Luthuli, Mlungisi Griffiths Mxenge and Booi Mantyi.
“With these inquests, we open very real wounds which are more difficult to open 30 years into our democracy, but nonetheless, the interest of justice can never be bound by time; the truth must prevail,” Lamola said.
Luthuli
Luthuli, a renowned anti-apartheid activist and Nobel Peace Prize laureate died on 21 July 1967. The official reports stated that he was hit by a train near Gledthrow station, Groutville, KwaZulu-Natal.
On 21 September 1967, an inquest held by the apartheid regime at the Magistrate’s Court in Stanger in the district of lower Tugela found that the cause of death was due to a fractured skull and cerebral.
According to the court, at the time, the “evidence did not disclose any criminal culpability on the part of South African Railways and anyone else”.
“As a result of representations made to the National Director of Public Prosecutions which brought to the fore that in 1967, the inquest did not consider certain mathematical and scientific principles. This mathematical and scientific report reveal that it is highly unlikely that Luthuli was struck by a train and died because of that,” Lamola’s spokesperson Chrispin Phiri said.
Phiri added that considering this information, the investigation done by the Truth and Reconciliation Unit of the Directorate of Priority Crime Investigation, Lamola accepted and agreed that it was in the interest of justice to approach the Judge President of the KwaZulu-Natal High Court to reopen the inquest into the death of Luthuli.
Mxenge
Lamola also announced the inquests into the deaths of anti-apartheid activist, civil rights lawyer and ANC member Mxenge as well as civic leader Mantyi would be reopened.
Mxenge’s body, bearing 45 lacerations, was discovered on a sports field in Umlazi.
“In the wake of his death, an inquest in 1983, conducted under the apartheid regime, failed to identify the perpetrators, despite clear signs of foul play, including evidence of surveillance on Mxenge’s office and the poisoning of his dogs,” Phiri said.
He said “a thorough investigation was not done” into Mxenge’s death.
“The Harms Commission and Truth and Reconciliation Commission revealed that orders to kill Mxenge came from Vlakplaas head Dirk Coetzee,” said Phiri.
Coetzee, the former commander of a covert police assassination squad and his accomplices Almond Nofomela and David Tshikilange were granted amnesty for the murder of Mxenge.
“There is new evidence that certain critical information was not presented to the Truth and Reconciliation Commission and the initial inquest, although the perpetrators were clearly identified,” said Phiri.
In the interest of justice, Lamola is set to approach the Judge President of the KwaZulu-Natal High Court to reopen the inquest into the death of Mxenge.
Mantyi
Mantyi was killed in an alleged altercation with members of the South African Police force on 16 June 1985 in the Northern Cape.
Phiri said a formal inquest held in De Aar in 1985 ruled that no one was responsible for the death.
“A new investigation has revealed that an eyewitness who has not previously testified has been identified.
“Considering the above, Minister Lamola is of the view that it is necessary and in the interests of justice to request the Judge President of the High Court of South Africa, Northern Cape Division, to reopen an inquest into the death of Mantyi,” said Phiri.
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