The families of the victims of East London’s Highgate Hotel massacre want the state to take the blame for failing to investigate the deaths of their loved ones.
This came out on the last day of the inquest into the massacre when attorneys for both the state and the families said there was no hope of finding the truth as there had been no recommendations as to who should be prosecuted for the deadly shooting.
In their closing arguments on Thursday, lawyers for both the state and the families concurred that all the evidence heard since January had left no indication as to who should be prosecuted.
Survivors of the massacre who were left permanently scarred, the families of the five people who were killed at the hotel on May 1 1993, former and current police officers, those who assisted the victims on the night, and Apla, which was initially blamed for the attack, all testified.
The inquest was held to determine if anyone should be held criminally liable for the deaths of Royce Wheeler, 46, Derek Whitfield, 42, Stanley Hacking, 65, Deon Harris, 26, and Douglas Gates, 56.
They died when two gunmen opened fire with AK-47s on patrons.
The seven survivors — Neville Beling, Karl Weber, William Baling, Megan Boucher, Nkosinathi Gontshi, Doreen Rossouw and Charles Bodington — all suffered life-altering wounds.
Advocate Howard Varney, for the families, said this was “most regrettable”, describing the massacre as “dastardly and senseless barbarism”.
“We are of the respectful view that this predicament stems largely from the monumentally inept investigation into this matter. It is a story of staggering incompetence.”
Emotions ran high in the court gallery where the survivors and victims’ families sat as Varney made his argument before judge Denzil Potgieter.
“The families and survivors deserve, at a minimum, a formal acknowledgment that the state failed in its duty to investigate these deaths, and that this failure has directly caused their three decades of suffering and hardship.”
Varney said the blunders committed during the original investigation, including evidence going missing and the cumulative effect of that, pointed to the need for a fundamental change in approach to the investigation and prosecution of the cases from the past.
“Consequently, the findings of this honourable court must reflect not just what happened on May 1 1993, but what transpired since that day, which constitutes a continuing injustice that compounds the original atrocity.
“In this way, this court begins to restore a measure of dignity to those who have suffered in the shadow of institutional betrayal.
“The words of the survivors and family members echo through these proceedings as an indictment of systematic failure.
“Post-apartheid SA failed these people. We call on anyone with information that may help solve this massacre to come forward.”
Varney said if further evidence emerged at a later stage, the inquest might be reopened, followed ultimately by a prosecution.
Deven Govender, for the state, said no viable suspects were identified.
“It is submitted that this is an unfortunate matter where the evidence obtained through collaboration with the families, survivors and legal representatives together with DPCI [Directorate for Priority Crime Investigation] and the NPA, has led to no indication as to who the perpetrators are.
“Various experts were also led during this inquest on the parts of the state and the families.
“It is respectfully submitted that none of the evidence led to a viable suspect. What this evidence led to was trying to exclude potential theories.”
At the outset, the court heard that the initial investigation produced several affidavits which were not commissioned or signed, and that the current investigating officer, Captain Vaughn Peterson, had tried to remedy this through confirmatory affidavits.
Foundation for Human Rights spokesperson Sesethu Holomisa said they were glad the families had a platform to share their experiences. The families would continue to fight for justice.
Survivor Weber, who lost his arm, said: “We are happy with where we are, but one disappointment is that they cannot pinpoint evidence of who actually did this massacre.
“With all the witnesses that came forward, we thought we would have someone giving us a clue.”
NPA spokesperson Luxolo Tyali said: “The NPA hopes that this inquisitorial process’s findings will provide the much-needed closure to the victims’ families, survivors and the broader public.”
Judgment will be delivered on December 1.
Daily Dispatch
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