Inquest into Luthuli’s death to be reopened
Publish date: 20 May 2024
Issue Number: 1077
Diary: IBA Legalbrief Africa
Category: South Africa
Justice Minister Ronald Lamola last week announced that the inquest into the death of former ANC leader and anti-apartheid activist Chief Albert Luthuli would be reopened. Luthuli was Africa’s first Nobel laureate, in 1960, and was president-general of the ANC from December 1952 until his death. Lamola said a scientific report had revealed it was highly unlikely Luthuli was killed after he was struck by a train near his home in KwaZulu-Natal (KZN) in 1967. News24 reports that an inquest held in September 1967 at the Stanger Magistrate's Court found no criminal culpability on the part of SA Railways and anyone else, based on the evidence presented. The Daily Maverick reports that representations made to the National Director of Public Prosecutions brought to the fore that in 1967 the inquest did not consider certain ‘mathematical and scientific principles’, according to Department of Justice (DoJ) spokesperson Chrispin Phiri. He added that this mathematical and scientific report revealed it was highly unlikely that Luthuli was struck by a train and died because of that. Phiri said considering this information and the investigation done by the Truth and Reconciliation Unit of the Directorate for Priority Crime Investigation, Lamola accepted and agreed that it was in the interests of justice to approach the Judge President of the KZN High Court to reopen the inquest into Luthuli’s death. The National Prosecuting Authority was investigating whether to reopen an inquest into Luthuli’s death as far back as January 2022.
Lamola also announced inquests into the deaths of Mlungisi Griffiths Mxenge and Booi Mantyi would also be reopened. Mxenge was found dead on a sports field in Umlazi, with dozens of lacerations on his body, on 20 November 1981. News24 notes that Lamola said that in the wake of his death a 1983 inquest failed to identify the perpetrators, despite clear signs of foul play, including evidence of surveillance on Mxenge's office and the poisoning of his dogs. ‘A thorough investigation was not done into the death of Mr Mxenge. The Harms Commission and Truth and Reconciliation Commission revealed that orders to kill Mr Mxenge came from Vlakplaas head Dirk Coetzee.’ Coetzee and his accomplices were granted amnesty for the murder. Mantyi was killed in an alleged altercation with members of the police on 16 June 1985 in the Northern Cape. An inquest was held in De Aar in 1985, which ruled no one was responsible for the death. ‘A new investigation has revealed that an eyewitness, who has not previously testified, has been identified,’ Lamola said. DM notes that the NPA is also looking into reopening an inquest into the death of anti-apartheid activist Imam Abdullah Haron, who died in detention. Lamola asked the Western Cape Judge President to designate a judge to reopen the inquest into Haron’s death in May 2023.