There were tears of joy at the Pietermaritzburg high court on Wednesday when a judge set aside the death by suicide inquest findings for political activist Dr Hoosen Haffajee, who died in police cells in Brighton Beach in August 1977.
Judge Zaba Nkosi found there were sufficient reasons to set aside the findings of an original inquest, during judgment on Tuesday of a reopened inquiry into Haffejee’s death, giving his family and friends much-needed closure.
“Hoosen died following a cardiac incident while under torture, or he died following a cardiac incident caused by ligature construction applied by security branch members,” said Nkosi.
He also found that the time of death was not in the early morning but late on the night of August 2,1977.
“The most likely time ranges from between 10.23pm to 11pm,” said Nkosi.
He ruled that the security branch officers Capt Petrus du Toit and Lt James Brough Taylor were primarily responsible for the murder of the Pietermaritzburg-born dentist.
“While du Toit played the leading role in causing the death of Hoosen, those who played various roles in interrogation, torture and cover-ups must also be held responsible for acts connected to Hoosen’s murder. They associated themselves with what happened to Hoosen and did not raise alarm,” said Nkosi.
He said the ultimate decision on whether to prosecute them rested with the director of public prosecutions.
The apartheid police had alleged that Hoosen had hung himself using the grille at the Brighton Beach police station in Durban on August 3, 1977.
Magistrate Trevor Blunden had ruled the cause of death as suicide, which was countered by Haffejee’s family and experts who gave testimony in court .
Nkosi took into account evidence from pathologist Steven Naidoo, who said the death “could not have been caused by the scuffles which we now know is fabrication”.
Naidoo said the count of body injuries visible was between 60 to 75 and about 120 strikes around the elbows.
The judgment was briefly adjourned after lunch when Haffejee’s brother, Ismail, 82 had to receive medical attention.
Ismail, who audibly reacted while the judge described graphic details about how his brother was tortured, was treated by paramedics after he had trouble breathing. His sister Sarah, other family members and friends remained in court.
TimesLIVE
Tears of joy as reopened inquest finds political activist Dr Hoosen Haffajee didn’t kill himself
Image: Mfundo Mkhize
There were tears of joy at the Pietermaritzburg high court on Wednesday when a judge set aside the death by suicide inquest findings for political activist Dr Hoosen Haffajee, who died in police cells in Brighton Beach in August 1977.
Judge Zaba Nkosi found there were sufficient reasons to set aside the findings of an original inquest, during judgment on Tuesday of a reopened inquiry into Haffejee’s death, giving his family and friends much-needed closure.
“Hoosen died following a cardiac incident while under torture, or he died following a cardiac incident caused by ligature construction applied by security branch members,” said Nkosi.
He also found that the time of death was not in the early morning but late on the night of August 2,1977.
“The most likely time ranges from between 10.23pm to 11pm,” said Nkosi.
He ruled that the security branch officers Capt Petrus du Toit and Lt James Brough Taylor were primarily responsible for the murder of the Pietermaritzburg-born dentist.
“While du Toit played the leading role in causing the death of Hoosen, those who played various roles in interrogation, torture and cover-ups must also be held responsible for acts connected to Hoosen’s murder. They associated themselves with what happened to Hoosen and did not raise alarm,” said Nkosi.
He said the ultimate decision on whether to prosecute them rested with the director of public prosecutions.
The apartheid police had alleged that Hoosen had hung himself using the grille at the Brighton Beach police station in Durban on August 3, 1977.
Magistrate Trevor Blunden had ruled the cause of death as suicide, which was countered by Haffejee’s family and experts who gave testimony in court .
Nkosi took into account evidence from pathologist Steven Naidoo, who said the death “could not have been caused by the scuffles which we now know is fabrication”.
Naidoo said the count of body injuries visible was between 60 to 75 and about 120 strikes around the elbows.
The judgment was briefly adjourned after lunch when Haffejee’s brother, Ismail, 82 had to receive medical attention.
Ismail, who audibly reacted while the judge described graphic details about how his brother was tortured, was treated by paramedics after he had trouble breathing. His sister Sarah, other family members and friends remained in court.
TimesLIVE
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