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application, claiming that it •ould turn the inquest<br />
into a criminal trial of an accused already dead,<br />
and therefore not in a position to answer allegations.<br />
The magistrate, haaaver, ruled that the documents<br />
could be lad as evidence.<br />
The public prosecutor-than argued that the<br />
docuaanta proved that Heffejee had committed suicide<br />
Qecauee he did not sent to face public trial and be<br />
exposed es a saboteur.<br />
At the conclusion of the Inquestt the magistrate<br />
found that no-ona aaa to blame for Haffejaa's death.<br />
Regarding the injuries on his body, the magistrate<br />
found that security police aere not responsible. In any<br />
event, he ruled that the issue was irrelevant 'since<br />
in tense of the Inquest Act the court eaa not concerned<br />
aith lesues not connected to the cause of death*.<br />
2. LungUe Tebalaxe<br />
Tabalaza, a 21 year old youth, fall to hie death froa<br />
the fifth floor of the Senlmm Building (security<br />
. police headquarters) In Port Elizabeth on 10 July*<br />
1978. Thla aaa the saiie venue ehere Stave 8iko<br />
sustained his fatal injuries shortly before.<br />
Tebelaae'a death led to calls for the resignation<br />
of police Minister Jimmy Krugar - aho announced that<br />
a aanior police officer had bean appointed to make<br />
immediate investigations into the clrcuaatancas<br />
surrounding the death of Tabs la ES.<br />
Tao seeks later, Krugar announced that three<br />
eecurlty pollcaaan in Port Ellnbeth aould be<br />
transferred to another area. One of these aas the<br />
'C— ending officer of the PC security police, Colonel<br />
PJ Oooean - prominent in the BiXo inquest. Goosan<br />
haa recently bean promoted to Brigadier.<br />
Tahaloza had bean arrested together eith another<br />
Y7 year old youth. They eere taken from the police<br />
etatlon in Nee Brighton to the Banlaa Building in<br />
toan share the eecurlty police have their offices.<br />
The 17 year old youth aas brought to trial on<br />
charges of arson and theft el thin 46 hours of<br />
Tabalaza'a death. Tabalaza aould have bean e co-<br />
accused in this trial. The youth pleaded guilty on<br />
all chargee. but the Magistrate found hi* not guilty<br />
on aoae of the charges .beceuee of insufficient<br />
1 my., v I.--.-*- --• •. ll JJ-. i'L ' " ^ m ^ m ^mm<br />
evidence. He aae aantanced to 30 months imprisonment.<br />
During the course of the inquest, this youth<br />
aas called aa a vltnesa at the request of the family.<br />
He said that the eecurlty police had told him that<br />
he would be detained for 10 yeara If ha did not plead<br />
guilty. He also said that ne did not want to aake<br />
! e stataaant in front of a magistrate, but aade one<br />
beceuse he aas afraid of being beaten up.<br />
The security pollca claimed that Tabalaza had<br />
Jumped froa the fifth floor office in a bid to reach<br />
the roof of a building across the street. Counael for<br />
the Family said that thie see pure speculation and<br />
that Tabalaza could have Jumped to escape the police<br />
or to commit suicide. TebaJexa aas efreid of the<br />
eecurlty police, and they eare not only morally<br />
liable for his death, but had bean criminally negligent,<br />
said counsel.<br />
Hoeever, the magistrate found that nobody aas to<br />
blame for his death. He recorded the evidence<br />
given by the security polio* ea honest and thoroughly<br />
tasted, ehlle the evidence fllven by the youth aaa<br />
felee. He rejected hie evidence of threats and<br />
assaults by policat ahich tna youth had given for<br />
the first time et the lnQuest.<br />
3. Ahmed Ttmol<br />
Timol aas a X year old school teacher aho fell<br />
from the tenth floor of John Vorster Square,<br />
Johannesburg, in October 1971.<br />
An inquest date aas Initially set doan for<br />
December 1971, but at the start counsel for the family<br />
applied for access to documents relating to Timol *e<br />
detention. The magistrate refused this, and counael<br />
applied to the Supreme Court to eat aside thie refusal.<br />
The Bupreme Court ordered the magistrete to etudy<br />
the documents, but maid that it aaa etlll at the<br />
magietrete'e discretion what to do. After<br />
studying the docuaanta, the Magistrate allowed them<br />
ell to be disclosed.<br />
than the inouaat began at the and of April T972,<br />
etateaente allegedly eritten by Timol during the<br />
three days before* hie deeth eer« handed in as axhibite.<br />
He aas reported to have described hoe ha aaa recruited<br />
and trained by the South African Communist Party<br />
in London,<br />
During the course of the inquest, a visit aas<br />
made to the room from ahich ha aas alleged to have<br />
Jumped. Security police aho had bean present and<br />
involved in the caae at the time, gave evidence<br />
about hoe Timol Jumped. Tao security police gave<br />
conflicting accounts, and counsel for the family<br />
pointed out thet one of them had only handed in a<br />
ststement to the CIO, aho mere inveetlgatlng the<br />
case, tao weeks lata. To add to the drama, General<br />
Buys, head of the CIO and leader of the investigation<br />
team, aho had agreed that there rare inconsistencies,<br />
page 12<br />
had a heart attack ehlle being cross examined. Later,<br />
he see apparently back in hie office doing light<br />
work, but aas unfit to return to the witness box.<br />
The etate gave tag possible raaaons shy Timol<br />
had jumped: they said that ha had Jumped after a<br />
Mr X (an informer ehosa name they aould not disclose),<br />
had walked into the office and announced that they<br />
had traced 'Quentin and others*. If thia aaa the<br />
seats parson aa Quant in Jacobeant he aaa later<br />
acquitted on charges under the Terrorism Act, and<br />
Tiaul aas not mentioned in that esse.<br />
I The eacond reason put forward related to<br />
docuaanta found In Tlmol'e possession, ahich<br />
instructed memo ere of the Communist Party to commit<br />
suicide rather than betray the Party. The aagietrate<br />
accepted that Timol must have been familiar aith thase<br />
instructions.<br />
Detailed medical argument aaa led concerning<br />
datea of bruises that mere found on Timol'e dead<br />
body. It aaa difficult to ascertain whether the<br />
bruises aere Inflicted prior to detention, or ehlle<br />
ha aaa in detention. The magistrate'recommended<br />
when giving judgement, that detalneeo under tna<br />
Terrorlem Act should in future be examined by a<br />
district aurgaon aa aoon aa posaible after their<br />
detention. This might avoid the necessity for<br />
long enquiries, and might save the pollca unnecessary<br />
smb ex ralament.<br />
There aas also medical debate about injuriss<br />
that could have bean sustained immediately prior to<br />
death. hVjeauer, counsel admitted that injuries,
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