Timols ask why perjury cases dropped

THE FAMILY of murdered anti-apartheid activist Ahmed Timol is questioning the decision by the National Prosecuting Authority (NPA) not to prosecute two former security branch policemen for allegedly withholding information regarding his killing.

North Gauteng High Court Judge Billy Mothle ruled in October 2017 that Timol had been murdered and that Neville Els and Seth Sons be investigated for misleading the court. The judge said both should be charged with perjury.

The NPA has now advised that it did not intend to pursue charges against the two, despite the ruling.

Timol’s nephew Imtiaz Cajee said correspondence received from the director of public prosecutions cited the failure of the presiding officer to place Sons timeously under oath, prescription of assault charges and the denial of Sons and Els of any assaults on Timol. Their advanced ages were also mention as another reason not to prosecute them.

When he took the stand in August 2017, some of the answers given by Sons on questions posed to him were “I cannot remember” and “I cannot hear”. He also said that he had “a rusty mind”.

Sons, 80, was an investigator stationed at John Vorster Square at the time of Timol’s death on October 27, 1971. Sons said he had never met Timol. “I do not know him to this day. I only know him from the newspapers,” he told Judge Mothle.

While several questions had to be repeated, Sons was adamant he knew nothing about detainees tortured or assaulted while being interrogated at the notorious John Vorster Square at the time.

He said he had read about possible tortures in the newspapers.

Els also told the court that according to his knowledge, there were never assaults nor torture of detainees at John Vorster Square.

Cajee described the decision to decline prosecution as “bizarre.”

“The judge found that police records conclusively reflected that Els was present when Professor Kasntilal Naik, a fellow detainee, was subjected to the ‘helicopter’ method of interrogation, after which he lost use of his hands.

“Els and Sons were found to have lied under oath, saying that they had no knowledge of the torture of detainees,” Cajee said.

He added that five witnesses came forward after Sons’ testimony and filed affidavits to the effect that they had been assaulted by him.

Cajee said he had since 2017 been following up with the NPA on the investigations into the criminal cases that were registered.

The NPA had yet to comment later yesterday.

It was concluded in the inquest in 1972 that Timol had committed suicide. This finding was disputed by the family, who maintained he was pushed out of the window after he had been tortured.