Timol inquest findings: Hope for families of apartheid victims?

by IMTIAZ AHMED CAJEE

THE re-opening of the 2017 Ahmed Timol inquest and the subsequent criminal charges of murder laid against Joao Rodrigues has provided democratic South Africa a glimpse into its tragic past: a history of its apartheid racist ideologies entrenched with the arrest, detention, torture and killing of its opponents, irrespective of race, creed or colour.

Judge Billy Mothle’s ruling reversing the 1972 inquest findings, stating that Ahmed Timol had not committed suicide but was murdered in police custody at the notorious John Vorster Square Police Station (renamed Johannesburg Central Police Station) is a victory, not only for the Timol family but for all ordinary South Africans whose loved ones were martyred for us to obtain our freedom and live in a constitutional democracy.

There is a minority view that after the historical ruling by Judge Mothle on October 12, 2017, the Ahmed Timol matter should be closed.

The minority holds the view that Rodrigues who, according to his own testimonies at the 1972 and 2017 inquests was the last person in the room with Timol before he allegedly jumped and committed suicide (direct medical and forensic evidence contradicts his version explaining why his version must be tested in a court of law) should not be pursued for failing to disclose the truth.

It is felt that this pursuance of justice, post the 2017 inquest, is traumatic and we need to move forward as a country. This is a view that I dispel.

Our history cannot be selectively remembered.

We have a tendency to remember our martyrs in a democratic South Africa when it is convenient for us: at political rallies, particularly at the time of elections; when renaming institutions and at posthumous awards ceremonies, amongst others. This is hypocrisy of the highest order.

We owe it to all our martyrs that the truth be revealed and justice be served in how they were murdered. It is due to their sacrifices that we obtained our freedom with all its challenges.

The memories, pain and tears of our mothers and fathers during the apartheid era must serve as a reminder and an inspiration in a democratic South Africa. This will ensure that we serve our beloved country with loyalty, pride and honesty as we now serve the masses in our country in a constitutional democracy.

The constant reminder of our history and memories of fallen martyrs must serve as a form of political conscientising that is desperately needed.

Our leaders have no ethics and morality in ruling the country. It is a sense of entitlement of comrades who contributed to the liberation struggle that has led to the country witnessing their rampant looting and abuses of state resources with no shame. This cannot continue.

It is therefore imperative that the Ahmed Timol court proceedings continue without hindrance and Rodrigues faces the full wrath of the law. He spurned the opportunity to testify at the TRC hearings in 1996 when approached by the TRC investigator.

The NPA failed to investigate the Timol matter when they were approached to do so in 2003. It was only through pressure exerted to the NPA in early 2015 that a decision was made in October 2016 to re-open the Timol inquest.

The application brought by Rodrigues’s legal team for a permanent stay of prosecution against their client due to the lengthy time delays in investigating the matter, alleged political settlement between political parties and his age must be opposed.

A full bench at the South Gauteng High Court heard arguments in this matter on March 28 and 29, 2019. Judgment has been reserved.

In February 2019, a letter from former TRC commissioners was sent to President Cyril Ramaphosa urging him to establish a commission of inquiry into the political interference that has stopped the investigation and prosecution of virtually all the cases referred by the TRC to the NPA.

There has been no official response to the request to date.

It is painful to observe that the comrades of our fallen martyrs, comrades who held positions in the highest office in the country, were complicit in ensuring that TRC recommendations for further investigations be halted. The question that beckons is: why?

One can only conclude that there were deals made to protect the interests of individuals. The interests of the victims’ families were never considered and the history of our fallen martyrs was intentionally thwarted.

Imtiaz Ahmed Cajee is the nephew of Ahmed Timol and is the author of the book, ‘Timol: Quest for Justice’.