WATCH: Court finds Dr Hoosen Haffejee was tortured and hanged

JUSTICE has finally been served 46 years after political activist Dr Hoosen Mia Haffejee was found hanging in the Brighton Beach Police Station holding cells. The inquest court declared that he was murdered and did not commit suicide.

The Pietermaritzburg High Court (inquest court) ruled that in August 1977, the death of Haffejee was not self-inflicted, in contradiction to the finding of an initial inquest held in this regard.

In 1977, Haffejee died at the Brighton Beach Police Station after he was detained there by the Special Branch police officers on suspicion of his involvement in anti-apartheid activities.

Also read: KZN police secure almost 11 000 arrests in a month

Following an interrogation at the police station, Haffejee was found deceased in a cell, with his trousers twisted around his neck, suggesting a possible ‘hanging’.

Regional spokesperson for the National Prosecuting Authority (NPA), Natasha Ramkisson-Kara, said an inquest held by the government at that time ruled that nobody could be held liable for Haffejee’s death and that the cause of his death was likely self-inflicted.

“However, since the original inquest, and following the proceedings of the Truth and Reconciliation Commission (TRC), the matter was referred to the NPA for the reopening of the inquest. The inquest was thus reopened, and new additional evidence was presented to the inquest court,” said Ramkisson-Kara.

In reaching his decision, Judge ZP Nkosi considered the evidence from medical experts disputing that Haffejee’s death was self-inflicted, the testimonies of other detainees who also endured interrogations by the SA Police Security Branch and an inspection in loco of the crime scene, where an expert had reconstructed the scene.

In overturning the findings of the initial inquest, Nkosi referred to the first inquest as pitiful, sub-standard and riddled with bias.

“He concluded that Haffejee’s death was not self-inflicted. His recommendations were that the surviving members of the police security branch, as well as others, be held responsible for Haffejee’s death. Senior State Advocate Denardo MacDonald represented the NPA in the inquest proceedings.

“The NPA welcomes the findings of the inquest court. This is an example of the NPA’s TRC Component’s efforts in addressing the atrocities of apartheid crimes and getting justice for the victims and their families.

“The reopened inquest was at the behest of a joint effort by the NPA and the Directorate for Priority Crime Investigation (DPCI). The support of other stakeholders is appreciated,” added Ramkisson-Kara.

Haffejee’s death exposes more murders and deceit 

Anti-apartheid activist Devan Pillay, who was detained in Brighton Beach Police Station on suspicions of his involvement in the anti-tricameral elections a few years after Dr Hoosen Haffejee’s death, welcomed the court’s findings.

Pillay said he, together with the family of Haffejee and many other anti-apartheid activists, always believed that Haffejee certainly did not commit suicide but died of injuries received during his detention and interrogation.

Also read: South Africa marks 29 years of democracy

“Many activists were brutally tortured by the apartheid forces and police in the early seventies and eighties at the then ‘infamous’ Brighton Beach Police Station.

“I am glad that the inquest finally exposed the truth of the atrocities committed by the apartheid police and government. Hopefully, this will bring closure to the family and friends of Haffejee,” Pillay said.

He recalled the time spent during his detention at the station, together with Roy Padayachie and other activists from Clairwood, when they were detained there during the anti-tricameral elections.

“I hope that further inquests are opened into the deaths of thousands of activists who died while in detention,” added Pillay.

Close friend and fellow activist of Haffejee, Dr Kalappen (KV) Moodley, said it was a long battle to force authorities to reopen the inquest.

“After the years of persistent efforts of Hoosen’s family and his fellow activists, the late Hanef Bhamjee and I, among others, the inquest was reopened.

“The judgment delivered on September 13 was the culmination of over five years of diligent investigations, tracing of witnesses and drafting of affidavits.

“Credit must go to Shubnum Singh from the National Prosecuting Authority, as well as investigators Frank Kgamanyane and Clifford Marion.

“The legal team, led by Advocate Howard Varney and Attorney Anwar Jessop, did an excellent job, and they must be complimented for their diligence and passion to get to the truth.

Witnesses play crucial role in verdict

“The witnesses, including Bhamjee, Baboo Baijnath, Dr Babu Ako and I, provided the details of what transpired before Hoosen’s arrest. Yunus Sheik, Coastal Govender and Raymond Suttner gave first-hand evidence of interrogation methods and torture that were used during his detention.

“Equally, the evidence provided by the witness, Thivash Moodley, a mechanical and aeronautical engineer, and forensic pathologist, Dr Steve Naidoo, convinced the judge both about the time of death and the impossibility of death being due to suicide.

“The judgment vindicated the long-held belief by the family and fellow activists that Hoosen would never have committed suicide and that his death was at the hands of the security branch during interrogation.

“It was found that this was covered up by collusion between the police, a magistrate, the prosecutor and the pathologist who was head of the Department of Pathology of the then Natal Medical School.

“The judgment that security branch member, Gopal Deva, be charged with murder and perjury and the informer girlfriend, Mathi Benjamin, with perjury, is welcomed and we hope that at their respective trials, the truth of what actually happened will be exposed so the family can get further closure,” added Moodley.

For more Southlands Sun news, follow us on Facebook or Twitter. You can also follow us on Instagram.