News Analysis The Timol inquest is a tipping point

ALL THOSE apartheid security policemen who are guilty of torturing detainees to death and thought they could fade into the woodwork and never admit their crimes had better think again. The Timol inquest has unlocked a web of conspiracy among the former security police, which despite their age is as tight as a secret society. The subpoena by Judge Billy Motlhe of former policemen in John Vorster Square Joao Rodrigues and Neville Els shows that it is actually still possible to pursue justice in these cases.

The Timol family was told for years that Joao Rodrigues was living outside the country, therefore making him difficult to find. But ironically a source informed the inquest lawyers that he could be found in an old age home in a small town in South Africa. Just like the former Nazi officers who thought they could fade into the fabric of society, take on another identity and live a normal life, so have the torturers of the apartheid regime.

The post-1994 promise to prosecute those guilty of gross human rights violations who did not apply for amnesty werelargely neglected, and justice was never served.

It may be almost impossible at this point to get these security police to come clean about their crimes as they are fully aware that they could potentially face prosecution given their non-disclosure at the TRC. But the fact that the Timol inquest was re-opened after 46 years has given hope to many families whose loved ones died in detention. It is the first time that the families of the victims who are still looking for answers see that it still might be possible to get those responsible subpoenaed to testify. Where there is enough evidence unearthed, “I cannot recall”, or “I never participated myself”, simply won’t cut it.

The South African Human Rights Commission is already fielding calls from families that are still desperately seeking closure regarding the death and disappearance of their relatives.

They are now pursuing ways to bring enough evidence to the fore so that the NPA may consider prosecuting the cases. There just needs to be enough unity of purpose between politicians, the NPA, civil society, and the South African Human Rights Commission to make it happen.

Just a few of the prospective cases include that of Dr Neil Aggett who died in John Vorster Square in 1982 – the state claimed he hanged himself. The main interrogator of Aggett was Steven Whitehead who is still alive and marketing himself as an intelligence business expert, and will probably be subpoenaed to testify at a re-opened inquest in the near future. Whitehead allegedly led the brutal torture of Aggett in detention.

The families of other victims of deaths in custody remain anxious for the truth about how their relatives died. Another of the earlier cases was that of Babla Saloojee who died in custody in 1964 in the security police headquarters known as the Gray’s building.

The police claimed that Saloojee jumped from the building to his death. The inquest lasted only five minutes and the state claimed it was suicide.

Then there is the case of Matthews Mabalena who died in John Vorster Square in 1977 – the state said he “accidentally” fell from the 10th floor.