The family of late struggle stalwart Dr Hoosen Haffejee is delighted with the findings of the second inquest into his death.

The Pietermaritzburg High Court yesterday ruled that Haffejee did not commit suicide, but was murdered and that the apartheid police special branch covered this up.

Pietermaritzburg High Court Judge ZP Nkosi overturned the 1978 inquest finding of magistrate Trevor Blunden, who ruled that Haffejee had killed himself by hanging.

It has taken 46 years for the family and friends to find closure on the matter, family lawyer Anwar Suleman Jessop said yesterday.

“From the evidence, we have established that a number of people have died fighting for democracy and being tortured by security branches and it was always those deaths by suicide where you could never find or pinpoint a perpetrator, as those people died under mysterious circumstances.

“In our investigation, when I was instructed, the NPA today took it upon themselves to do a thorough investigation to get to the bottom of exactly what really transpired, especially in Dr Hoosen Haffejee’s case,” said Jessop, on the sidelines of the judgment.

He said the catalyst for this development was the Ahmed Timol matter.

Timol, an anti-apartheid activist in the underground South African Communist Party (SACP), died at the age of 29 from injuries sustained when he fell from the top floor of John Vorster Square Police Station in Johannesburg in 1971.

“That was the catalyst which opened the doors for many of us whose families have died during the apartheid era, to now get conclusions in terms of reopening inquiries and so on,” said Jessop.

“It started all there at that point in time when Minister Ronald Lamola said we needed to have these inquests re-opened so that we can get closure as to what happened to our people. That is how we managed to get to court and the judge did indicate the amount of pressure that we had to put on the NPA to bring these matters to court.

Peace for the family

“I think for now the family has some peace of mind. What is most touching is that when Dr Haffejee passed on the families never got an idea as to what exactly happened. They were just misled into thinking that he had hung himself in as much as they did not believe that,” he said.

“There was no way to get to the truth because there were cover-ups. After all these years when the inquest was re-opened they were fortunate to even go to the cells and see the cell where he was found,” he said.

“I think for them that gave them a sense of peace because they have lost their mom, dad and older brother so this should be a relief for the entire family,” said Jessop.

“Even at the TRC [Truth and Reconciliation Commission] hearings the mother indicated that she knew what happened to her son and they refused to believe he died by suicide,” said Jessop.

The way forward

He said he will discuss the way forward with the family in due course.

“The NPA will now have to consider this based on the evidence and make a decision on what to do next. You will realise how many people have died under that regime but we are grateful to God that they have this opportunity. Today’s [Wednesday’s] proceedings were very emotional for the family. If you saw the impact and the outcome of today’s [Wednesday’s] proceedings had even on the sister, it was very emotional. None of us can begin to imagine what heartache and trauma they went through over the years,” said Jessop.

This year marked 46 years since Dr Haffejee’s death after he was found hanging in his cell at Brighton Beach Police Station on August 3, 1977, aged 26.

The ruling

Nkosi said he established that there were sufficient reasons to set aside the original inquest findings.

“The finding and judgment of magistrate TL Blunden dated March 15, 1978 in Inquest No. 951/77 is set aside. The cause of death of Dr Hoosen Mia Haffejee is attributable to either of the following two possibilities: a) Hoosen died following a cardiac incident while under torture; alternatively, (b) Hoosen died from a cardiac incident caused by ligature constriction applied by the security branch members, either while less conscious, unconscious or debilitated after torture,” said Nkosi.

“The time of [his] death was not in the early morning but late on the night of August 2, 1977, the most likely time range being between 22:23 and 23:00,” said Nkosi in his judgment.

“The security branch officers primarily responsible for torturing and murdering Hoosen are Captain Petrus Lodewikus du Toit and Lieutenant James Brough Taylor.

“While Du Toit and Taylor played the leading roles in causing the death of Hoosen, those who played various other roles in the interrogation, torture and cover-up must also be held responsible for acts connected to Hoosen’s murder. They associated themselves with what happened to Hoosen and did not raise the alarm,” he said.

He ruled that other culprits, some of who have since died, were to be brought to book for failing to report what was happening to Haffejee and covering up for the special branch.

‘A freedom fighter’

A family friend, Yusuf Bhamjee yesterday said Haffejee was murdered for his beliefs.

“The family waited for 46 years for the truth to come out. Some family members, including the parents have since died,” he said.

“They died believing that their son was murdered and did not commit suicide. The judge today has vindicated that belief. Hoosen was a freedom fighter,” said Bhamjee.