Biko inquest — enrolled on day of his death 48 years later — postponed til November

The reopened inquest into the death of anti-apartheid activist Stephen “Steve” Bantu Biko, nearly 50 years after he died in police custody, has been postponed.

The inquest of the Black Consciousness Movement (BCM) founder and leader was enrolled on Friday in the Gqeberha high court, exactly 48 years after his death on September 12 1977.

National Prosecuting Authority spokesperson Luxolo Tyali said the reopened inquest was adjourned to November 12 for case management.

He said the prosecution had informed judge Buyiswa Majiki that there were two people of interest in the matter who were still alive.

The Biko family’s legal representative, advocate Tembeka Ngcukaitobi, told the court that the choice of the date for the enrolment of the inquest was significant, as agreed to between the state and the family.

“Biko died on September 12 1977 after he was allegedly tortured to death by the apartheid regime’s notorious special branch, who were never prosecuted because they were cleared by a whitewash inquest.

“They were also not granted amnesty by the Truth & Reconciliation Commission after the dispensation of the democratic government in SA,” he said.

Speaking to the Dispatch, Biko’s family welcomed the reopening of the inquest.

His son, Nkosinathi, said the family had been aware that the NPA was working to reopen the inquest and were supportive of the investigation.

“We welcome the reopening of the inquest because it is important for the matter to be closed correctly, the death of Biko was occasioned by the massive assault on his person which resulted in him dying.”

Meanwhile, the inquest into the killing of five children by the SA Defence Force in 1993 was also postponed by the high court in Mthatha to October 30, also for case management.

The Dispatch also reported this week on how Sigqibo Mpendulo’s family has lived with unanswered questions and unhealed wounds for more than three decades, since the night five schoolboys, including Mpendulo’s two sons, were shot dead in his Mthatha home during an apartheid-era military raid.

The boys, aged between 12 and 17, were shot while they were sleeping at Mpendulo’s Northcrest home in October 1993.

Mpendulo lost his twin sons, Samora and Sadat, 16, during the raid 32 years ago.

They were killed along with three of their friends.

The inquests follow the minister of justice and constitutional development’s approval of the national director of public prosecutions’ requests.

“The main goal of holding them is to lay before the court evidence that will enable the court to make a finding in terms of section 16[2] [d] of the Inquests Act 58 of 1959, as to whether the death was brought about by any act, or omission, which prima facie involves or amounts to an offence on the part of any person,” Tyali said.

“The NPA and its partners will continue their efforts to address the atrocities of the past and assist in providing closure to the families of the deceased and society at large.”

Daily Dispatch