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application, claiming that it •ould turn the inquest into a criminal trial of an accused already dead, and therefore not in a position to answer allegations. The magistrate, haaaver, ruled that the documents could be lad as evidence. The public prosecutor-than argued that the docuaanta proved that Heffejee had committed suicide Qecauee he did not sent to face public trial and be exposed es a saboteur. At the conclusion of the Inquestt the magistrate found that no-ona aaa to blame for Haffejaa's death. Regarding the injuries on his body, the magistrate found that security police aere not responsible. In any event, he ruled that the issue was irrelevant 'since in tense of the Inquest Act the court eaa not concerned aith lesues not connected to the cause of death*. 2. LungUe Tebalaxe Tabalaza, a 21 year old youth, fall to hie death froa the fifth floor of the Senlmm Building (security . police headquarters) In Port Elizabeth on 10 July* 1978. Thla aaa the saiie venue ehere Stave 8iko sustained his fatal injuries shortly before. Tebelaae'a death led to calls for the resignation of police Minister Jimmy Krugar - aho announced that a aanior police officer had bean appointed to make immediate investigations into the clrcuaatancas surrounding the death of Tabs la ES. Tao seeks later, Krugar announced that three eecurlty pollcaaan in Port Ellnbeth aould be transferred to another area. One of these aas the 'C— ending officer of the PC security police, Colonel PJ Oooean - prominent in the BiXo inquest. Goosan haa recently bean promoted to Brigadier. Tahaloza had bean arrested together eith another Y7 year old youth. They eere taken from the police etatlon in Nee Brighton to the Banlaa Building in toan share the eecurlty police have their offices. The 17 year old youth aas brought to trial on charges of arson and theft el thin 46 hours of Tabalaza'a death. Tabalaza aould have bean e co- accused in this trial. The youth pleaded guilty on all chargee. but the Magistrate found hi* not guilty on aoae of the charges .beceuee of insufficient 1 my., v I.--.-*- --• •. ll JJ-. i'L ' " ^ m ^ m ^mm evidence. He aae aantanced to 30 months imprisonment. During the course of the inquest, this youth aas called aa a vltnesa at the request of the family. He said that the eecurlty police had told him that he would be detained for 10 yeara If ha did not plead guilty. He also said that ne did not want to aake ! e stataaant in front of a magistrate, but aade one beceuse he aas afraid of being beaten up. The security pollca claimed that Tabalaza had Jumped froa the fifth floor office in a bid to reach the roof of a building across the street. Counael for the Family said that thie see pure speculation and that Tabalaza could have Jumped to escape the police or to commit suicide. TebaJexa aas efreid of the eecurlty police, and they eare not only morally liable for his death, but had bean criminally negligent, said counsel. Hoeever, the magistrate found that nobody aas to blame for his death. He recorded the evidence given by the security polio* ea honest and thoroughly tasted, ehlle the evidence fllven by the youth aaa felee. He rejected hie evidence of threats and assaults by policat ahich tna youth had given for the first time et the lnQuest. 3. Ahmed Ttmol Timol aas a X year old school teacher aho fell from the tenth floor of John Vorster Square, Johannesburg, in October 1971. An inquest date aas Initially set doan for December 1971, but at the start counsel for the family applied for access to documents relating to Timol *e detention. The magistrate refused this, and counael applied to the Supreme Court to eat aside thie refusal. The Bupreme Court ordered the magistrete to etudy the documents, but maid that it aaa etlll at the magietrete'e discretion what to do. After studying the docuaanta, the Magistrate allowed them ell to be disclosed. than the inouaat began at the and of April T972, etateaente allegedly eritten by Timol during the three days before* hie deeth eer« handed in as axhibite. He aas reported to have described hoe ha aaa recruited and trained by the South African Communist Party in London, During the course of the inquest, a visit aas made to the room from ahich ha aas alleged to have Jumped. Security police aho had bean present and involved in the caae at the time, gave evidence about hoe Timol Jumped. Tao security police gave conflicting accounts, and counsel for the family pointed out thet one of them had only handed in a ststement to the CIO, aho mere inveetlgatlng the case, tao weeks lata. To add to the drama, General Buys, head of the CIO and leader of the investigation team, aho had agreed that there rare inconsistencies, page 12 had a heart attack ehlle being cross examined. Later, he see apparently back in hie office doing light work, but aas unfit to return to the witness box. The etate gave tag possible raaaons shy Timol had jumped: they said that ha had Jumped after a Mr X (an informer ehosa name they aould not disclose), had walked into the office and announced that they had traced 'Quentin and others*. If thia aaa the seats parson aa Quant in Jacobeant he aaa later acquitted on charges under the Terrorism Act, and Tiaul aas not mentioned in that esse. I The eacond reason put forward related to docuaanta found In Tlmol'e possession, ahich instructed memo ere of the Communist Party to commit suicide rather than betray the Party. The aagietrate accepted that Timol must have been familiar aith thase instructions. Detailed medical argument aaa led concerning datea of bruises that mere found on Timol'e dead body. It aaa difficult to ascertain whether the bruises aere Inflicted prior to detention, or ehlle ha aaa in detention. The magistrate'recommended when giving judgement, that detalneeo under tna Terrorlem Act should in future be examined by a district aurgaon aa aoon aa posaible after their detention. This might avoid the necessity for long enquiries, and might save the pollca unnecessary smb ex ralament. There aas also medical debate about injuriss that could have bean sustained immediately prior to death. hVjeauer, counsel admitted that injuries,
page 13 unless Inflicted beforw daath. would ba indistinguishable fro* thoaa sustained at daath ( f m falling). Counsel asked the aagiatrata to giva * vwrdict that ha saw unable to aay whathar tha daath had baan brought about by ait act or oaisalon on the part of any parson. Tha magistrate's finding was that nobody w responsible. Ha aald that Tlaol'* daath could heva baan politically aotlvatad bacauaa of his allayad adhapanoa to coaaunlat Ideology, and that •Mi daath *a* • twrribla loss to tha polica\ alnca ha was wary * valuable' for thair invaatigatlona. „ Othar laoal procaadinga THE general and aoat accaptad procedure aftar • daath has occurred in datantion la an lnquast hearing. T«o of tha deaths that hava occurrad in datantion hava raault in additional court proceedings. Tha caaaa of Joseph Hdlull and Hapatla Hohapl ara thaw lnatancaa, : Jowwph 1M1 On 19 Ismrch, t976, Joaaph Udluli diad in police custody in Durban, 2d hours aftar ha had baan I datainad. Mo lnquaat took placa as tha state decided to proaacuta d aacurity policawin for culpabla hoaiclda, Tha AW in London ralaaaad certain photograph* ; of Hdlull** corpse. Thay showed a aultltuda of injuries on his body. Ho had nuaarous abrasions, a fractured cartilage, broken ribe and his brain i*M conoaatad with haaaur rhagta. This aaa tha cllaata in ahich tha trial of tha 4 aacurity policaaan took placa* : Tha accused wara: Captain OF van Zyl Uautwnant * Taylor I Datactiva Sarpaont ef> eawthanya Datactiva Sergeant Z Npobaaa. Tha accuaad did not give avidanca. Xnataad thay aada atataaants to tha proaacutor. Thair varalon of tha evants loading up to Waluli's daath was aa follow*: Joaaph udluli aaa arraatad on ie asvoh at * about lOhOO. Tha rolloelng aorning, ahila being lntatrogatad, ha aoVad toward* tha window in an attwapt to coiaait suicide* Ha WW* rastrsin-d , and a fierce struggle anaued. Tha incident aas report** to Major Coatzaa aho aaa Hdlull and stated that ha em satisfied that Udluli had not baan injured. Hdlull*s intarrtsjation continuad -lth ocoaalonal braaka until about 20h30 tha aaaa day. Tha pollca alleged that ha than auddanly got up, staggering and coaplslnlng of diulnaa*. Ha fall with hla chest or naok onto tha back of a chair. Tha chair topplad and Udluli fall against tha door. Shortly oftarwda, Hdlull aaa daad. In his Judgaaant, Justice Jaaae rwfarrwd to tha avidanca of Or van Straatan, tha stata pathologist aho carried out tha poet-aortaa on Hdlull*s body. Or van Straatan had originally attributed tha causa of daath to throttling, but aftar discussing tha •attar alth tha chief stata pathologist, Prefaaaor Gordon, ha caaa to tha conclusion that Hdlull'a daath aaa associated with tha application of force to the naok. Tha Judga did not dlsputa this finding, and had this to say about ltt "In othar words. . . although what ha observed was conaistant alth daath through throttling it aaa also consistent aith tha application of forca or soaa othar aannar*. Justice Jaaaa rafarrad to tha atatawant* whicah tha accuaad had aada, in ahich thay aald that Hdlull had admitted to having racruitad people for sdlitary training. Thay alao sold that ha had ravaalad tha naaa of tha taxi drlvar aho had tranaportad tha racruita. Tha Judga accaptad tha accuaad'a story that thay had uaad no aora 'force than aaa nacasawry' to wubdua Hdlull aftar ha had aovad toaarda tha ainojoa. Ha said thay "clearly sara not guilty of any unlawful conduct at 6.X on tha aorning of tha ttth Harch bacauaa thay appliad no greater forca than saa lawfully justified in tha cireuaatancaa*, Whan tha second incldant occurrad 12 hours later, tha 4 accuaad, according to thair wtateaanta, war* not in tha rooa. Othar aacurity policaaan, Ifruawlo, Ndull, and Itilongo wara thara. Tha Judga said that although tha accounta glvan by tha latter .dlffarad I in tfatall, thara aaaaad to be oanaral agraaaent that. Hdluli got up froa his chair, hald Kis haad in hla hand*, coaplalnad of dizziness, and than fall onto a chair and than againat a door fraaa. Othar policaaan rushad to tha acana and andaavourad to apply artificial inspiration. By 2*30 it aaa obvious that Udluli was dean • If this avidanca of tha police la to ba accaptad at its faca valua, than It ia claar that tha 4 accuaad aaro not rwaponslblw for tha daath of Hdluli. Thay wara not prewant whan ha diad and had left tha rooa about an hour bafora. Tha only incldant in ahich thay had baan involved in any violent contact aaa at about 8.30** ouar 12 houra bafora his daath and according to Major Coatzaa ha notioad nothing wrong with Hdluli aftar tha incldant, tha Judga aald. Tha Judga discounted tha argtsaant put forward by Ur Brunette for tha state, that tha daath occurrad aa a raault of tha Incldant aMoh took placa * at 8h30 in tha aorning. Tha doctor** avidanca had atatad that daath would hava baan alaoat lnatantanaous aftar racalving tha naok injuries. Ha could not hava sustalnad thaaa injuries and only diad 12 houra later. Furtharaorw, if IWluli had received tha rack injuries in tha aorning and died ia*j*diat*ly. tha Judga aald, tha court ***• unable to accept* that it «as possibla far tha pollca to cover this up until that night. .Tha 4 aacurity policaaan wara thua found not to ba laaponalblw for Hdlull'a daath, although thara aaa a possibility that thay had uaad 'lagltiaata forca to aubdua hla*. Justice Jaaaa acqulttad thaa of tha charga of culpabla hoaiclda. Bafora concluding hla Judge****, hoawvar* tha Judga had this to say in tha light of tha wida- spraad injuriaa on Hdlull"* body and tha conflicting avidanca ha had haard: , I naad hardly say that tha pr^blaa of how Udluli aat hla daath is ona that should ba solved and that it ia ona of groat Importance. Joaaph Hdlull aas liatad aa a co-conspirator in a trial in Pirtaiwaritzburg of 10 wan charge* with MC activities. Hr Juaticw Hoswnl, in a section of hi* Judgaaant, rwfarrad to Hdlull** daath In datantion. He aald that tha injuriaa that cauaad hla daath could
Page 1 and 2: nr mm 1982 !'V V \ 1 i • » * s
Page 3 and 4: » DETENTIONS: Rabie Reports JUBT t
Page 5 and 6: dominate In South Africa. In these
Page 7 and 8: Ma+i-lightwd soee of the IMUN invol
Page 9 and 10: Baper* (LK8), beceuoe of *ta anti-u
Page 11 and 12: [DETENTIONS: Investigating Inquests
Page 13: peg* 11 officially performed post-m
Page 17 and 18: I 0-B« 15 INTRODUCTION TO POLITICA
Page 19 and 20: pega 17 oppressed BOTH by capital a
Page 21 and 22: I suthors' contention thmt it il ox
Page 23 and 24: Q ' analytical tools*( like role th
Page 25 and 26: page 2& •officiant nuebers of the
Page 27 and 28: gar. rgthnicjty: the ordinary peopl
Page 29 and 30: particularly •egaa, end hence wor
Page 31 and 32: £o natch 'their transport to gat h
Page 33 and 34: &C..31 to work in protest against t
Page 35 and 36: [fmgn 33 mturn to th«lr homes In t
Page 37 and 38: paga 36 - _ ' Fane Qeorge dibhole,
Page 39 and 40: peg* T/ appellant c la lea overrule
Page 41 and 42: 'ruling •tunic group'» or eo*eti
Page 43 and 44: in the 1960s extended the process o
Page 45 and 46: and othar claaa forces, began to cr
Page 47 and 48: movement (In collaboration with the
Page 49 and 50: 1939, but aoaa aaabars of the Natio
Page 51 and 52: An Important caveat needs to be wdi
Page 53 and 54: end Vorster by implication. Althoug
Page 55 and 56: of thit Cape party organisation and
Page 57 and 58: ^ — :—: __. * party, In «n ett

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