The National Prosecuting Authority (NPA) is set to reopen the inquest into the death of anti-apartheid activist Steve Biko, who died under mysterious circumstances while in police custody 48 years ago.
The move comes after the justice and constitutional development minister approved the NPA’s request to reopen the case, with the support of the Biko family’s legal representatives.
The inquest will be enrolled on Friday, exactly 48 years after Biko’s death.
“The main goal of reopening the inquest 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,” NPA regional spokesperson Luxolo 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 Biko family and society at large.”
Biko, the Black Consciousness Movement (BCM) founder and leader, was allegedly tortured by the then apartheid regime.
He was arrested with his comrade, Peter Jones, at a roadblock near Grahamstown (Makhanda) on August 18 1977.
He violated his banning orders, which restricted his movement to King Williams Town (Qonce).
He was taken to the Walmer police station in Port Elizabeth (Gqeberha), where he was allegedly tortured while shackled with leg irons and kept naked in a cell.
It was only after 24 days in custody that medical assistance was sought for him after “foam” was noted around his mouth.
On September 11 1977, he was loaded unconscious, still naked and shackled, into the back of a police Land Rover, and transported to a prison hospital in Pretoria, 1,200km away.
He died outside a Pretoria hospital on September 12 1977 at the age of 30.
“The cause of Biko’s death was recorded as extensive brain injury caused by centralisation of blood circulation and intravascular blood coagulation, acute kidney failure and uremia,” Tyali said.
“A formal inquest was held in November 1977.
“The version of his captors and interrogators of the notorious police Special Branch (SB) members at that inquest was that he had sustained his injuries when he banged his head against the wall.”
The presiding officer, chief magistrate M J Prins, accepted the version of the SB members and found that Biko sustained the injuries during a scuffle with the SB members.
The magistrate also exonerated the medical practitioners who treated Biko while in prison.
On February 2 1978, the then attorney-general of the Eastern Cape declined to prosecute anyone for the death of Biko.
During the Truth and Reconciliation Commission (TRC) sitting in 1997, former senior SB officers from Gqeberha, Major Harold Snyman, Captain Daniel Siebert, Captain Jacobus Benecke, Warrant Officer Rubin Marx and Sergeant Gideon Nieuwoudt applied for amnesty in relation to the death of Biko.
“Their version was that Biko had attacked one of their colleagues with a chair after he sat down without asking for permission,” Tyali said.
“In the ensuing scuffle to restrain him, Biko hit his head against the wall, they claimed.
“They admitted that they colluded and fabricated their versions, submitting false affidavits during the initial investigation into Biko’s death.”
The TRC refused all five of them amnesty because their evidence was contradictory and disclosed no political motive.
Daily Dispatch
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