Cape Town - At long last, after five decades of struggling to get justice, the family of anti-apartheid struggle activist Imam Abdullah Haron can finally see light at the end of the tunnel.
This after Justice and Correctional Services Minister Ronald Lamola on Tuesday formally requested Western Cape Judge President John Hlophe to designate a judge to reopen the inquest in relation to the Imam’s September 1969 death in detention.
Hlophe responded to Lamola by appointing Judge Daniel Thulare to hear the inquest. The prosecution team in the DPP’s office will now engage with the court in terms of the process to manage the inquest under the direction of Thulare.
The Imam died in detention on September 27, 1969 after 123 days in solitary confinement and interrogation. Apartheid’s security police claimed he died from injuries he sustained after falling down a flight of stairs.
National Director of Public Prosecutions advocate Shamila Batohi told Parliament’s portfolio committee on justice and correctional services that Lamola had acted after she advised it on the strength of a recommendation from Western Cape DPP Nicolette Bell.
Speaking on behalf of the Haron family, the Imam’s daughter, Fatiema Haron-Masoet, said: “After 53 years of waiting we believe we are one step closer to the truth of our father’s death in police detention on September 27, 1969.”
Haron-Masoet said that while the family welcomed Lamola’s decision, they had to question whether it was not a little late.
She said it was too late for their mother who died on September 29, 2019, exactly 50 years to the day of their father’s burial.
“Disappointingly, persons also not present at the inquest are those who last saw our father alive and could be held accountable for his death in detention.”
Haron-Masoet said the family was perplexed as to why the National Prosecuting Authority (NPA) had taken almost two decades since the Truth and Reconciliation Commission findings to act on the Imam’s killing.
She also said the family only heard about the decision to hold an inquest through social media.
“We were never formally informed of the decision by the ANC government and we view this act by the state as an infringement of our family’s rights and dignity.”
Haron-Masoet said they should have been the first to be informed and that they were waiting for a public apology from the Justice Ministry.
She, however, welcomed a pledge by Batohi to the committee that the NPA would strive for better communication with families of those who died or disappeared during the apartheid era.
The promise of better communication was also welcomed by journalist Lukhanyo Calata, son of Fort Calata, one of the Cradock Four.
Calata said he was optimistic about the imminent prosecutorial decision on the deaths of the Cradock Four, his father, Matthew Goniwe, Sparrow Mkonto and Sicelo Mhlauli, as announced by Batohi to the MPs.
“The period of a month to six weeks’ time that Batohi indicated falls well within the 37th anniversary of the assassinations of the Cradock Four, who were abducted and killed by apartheid security forces on June 27, 1985.”
Batohi made the promise of better communication after being taken to task by MPs at the portfolio committee about claims that communication on the cases with the families was poor.
Committee member Glynnis Breytenbach (DA) said: “Is there communication with the families of the Cradock Four? Do they know what’s going on? Are they consulted? Are they treated as part of the process? And if not, then why not?”
She said it seemed deeply disrespectful to not include the families in the dissemination of information relating to their loved ones.
Meanwhile, Batohi said her office’s efforts with the cases of victims of apartheid were paying off.
“We’ve had a substantial improvement over the last seven months, which has resulted in the reopening of 38 investigations into deaths of detainees.”
She said there were 97 matters under investigation and there were more matters they had identified and that would be reopened.
Speaking after the committee’s sitting, MP Ganief Hendricks (Al Jama-ah) said it was sad that the Truth and Reconciliation Commission (TRC) cases of Chief Albert Luthuli and Imam Haron were still outstanding.
Al Jama-ah has been at the forefront of pushing for the fast-tracking of the TRC cases by asking questions in Parliament.
Justice and correctional Services spokesperson Chrispin Phiri said: “The Ahmed Timol inquest was recently concluded and judgment was delivered. The Hoosen Haffejee inquest has been opened and concluded. Judgment is reserved. I believe Nokuthula Simelane’s case is currently ongoing before the high court.”