Law firm Bowmans, the Foundation for Human Rights (FHR) and the families of anti-apartheid activist Nicholas Ramatua “Boiki” Tlhapi and member of the Soweto Students’ Representative Council Matthews Mabelane’s have reiterated their commitment to work with the National Prosecuting Authority as the inquests into Tlhapi and Mabelane’s deaths are reopened.
The Tlhapi and Mabelane families welcomed the long-awaited decision to reopen the inquests, however they expressed disappointment that no dates have been set for hearings.
The Mabelane and Tlhapi families are among 25 families and survivors of apartheid-era political crimes who have filed an application against President Cyril Ramaphosa and government, seeking constitutional damages for the political suppression of apartheid-era political crimes following the Truth and Reconciliation Commission process.
Following recommendations from the Director of Public Prosecutions (NDPP), the Minister of Justice and Constitutional Development Mamoloko Kubayi approved the reopening of the Tlhapi inquest in November last year and Mabelane’s in February.
The FHR pointed out that the decision in Mabelane’s case came after the legal team representing his family submitted detailed representation to the NDPP, urging the reopening of the inquest into his death.
The submission included two expert medical forensic reports and a trajectory report that debunked police’s version of events.
Mabelane was said to have allegedly fallen to his death from the tenth floor of John Vorster Square, while in detention. An inquest held at the Johannesburg Magistrates’ Court in May 1977 accepted police’s version of events without question.
In December, Kubayi requested the Judge President of the North-West Division to appoint a judge to preside over the reopened Tlhapi’s inquest.
The FHR said a similar request for the Mabelane case has yet to be made.
Tlhapi was arrested in 1986 and detained under Section 29 of the Internal Security Act, shortly after his arrest and amid allegations of interrogation and assault, he disappeared.
The FHR explained that his family had been searching for him or his remains.
A 1994 inquest found no evidence of unnatural causes of death.
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