Imam Abdullah Haron Photo: Supplied
LEGAL experts, families of apartheid crime victims and the public await in suspense the final outcome of the re-opened inquest into the death of political activist Imam Abdullah Haron.
Western Cape High Court Judge Daniel Thulare is expected to deliver the judgment on Monday, in what is regarded as a major step in redressing the horrors of the apartheid regime.
The legal team representing the Haron family, led by advocate Howard Varney, hoped the judgment would bring more than just a legal decision but a "promise of closure" for the grieving Haron family.
"We await the inquest judgment with a profound sense of hope and anticipation. As we look forward to the verdict, we remain committed to the pursuit of truth justice and the honouring of the Imam's legacy."
After spending 123 days in solitary confinement and subjected to torture, Haron died at the Maitland Police Station on September 27, 1969.
Haron was, at the time, critical of the apartheid system and had close ties with the then banned Pan Africanist Congress.
An initial inquest into Haron's death held no one accountable even though the presiding magistrate JPS Kuhn found that a likely contributing cause was trauma which led to blood clotting.
The inquest held that a "substantial part" of the trauma was caused by an "accidental" fall down a flight of stairs.
A post mortem report showed that Haron suffered a broken rib and 27 visible bruises.
"Evidence led by the family legal team at the reopened inquest provided incontrovertible expert evidence that Imam Haron had been killed by the Security Branch," said executive director of the Foundation for Human Rights, Yasmin Sooka.
The two notorious Special Branch members who interrogated Haron were Major Dirk Kotze Genis and Sergeant Johannes "Spyker" van Wyk.
Both have since died.
The re-opened inquest heard evidence by pathologist Dr Steve Naidoo that the injuries on Haron's body resulted from the use of blunt force.
Naidoo testified that it was more likely that Haron had been kicked while on the floor in the days leading up to his death.
Pathologist Dr Itumeleng Molefe also contradicted the initial inquest findings and said the bruises on Haron's body were the primary underlying cause of his death.
The only surviving member of the then South African Police (SAP) Johannes Burger, conceded after seeing post mortem drawings that Haron died to torture.
Burger was one of the youngest and lower-ranking officers at the time of Haron's death.
"We are therefore confident that the reopened inquest will overturn the finding of the first inquest court, and find that Imam Haron died at the hands of the security branch," said Sooka.
Although the Haron family was entitled to demand that the National Prosecuting Authority (NPA) prosecute Burger for perjury for having not disclosed at the first inquest that Haron had been tortured, it informed Judge Thulare at the conclusion of the reopened inquest that they did not want to do so.
"It is quite extraordinary and magnanimous of the Haron family, that they decided not to do so, instead instructing their lead counsel in the matter to advise the court that they were not seeking retribution", said Sooka.
The family said there was "certain unfairness in holding a person of Burger's stature as the only person criminally liable in such circumstances".
A senior lecturer at the Department of Criminal Justice and Procedure at the University of Western Cape, Dr Windell Nortje described the Haron inquest as an important step in redressing "the horrors" of the apartheid regime.
The re-opened inquest followed that of other political activists Ahmed Timol and Dr Hoosain Haffejee who died in police custody.
"The apartheid courts were complicit in shielding apartheid criminals. The shielding of Apartheid criminals has continued decades after democracy and must be addressed by the government as a matter of utmost urgency.
"At present, the impunity persists. At the same time, we must applaud the persistence and bravery of the families for exposing the weaknesses of the State and obtaining justice, albeit limited, for their family members", said Nortje .
A senior lecturer in public law at Stellenbosch University, Dr Delano Cole van der Linde, said progress on the Haron matter was a "great sign" for families of victims of apartheid era crimes to finally have the possibility of justice.