The initial inquest into anti-apartheid martyr Imam Abdullah Haron’s death “must count as the joke of the past 53 years and deserved to be laughed out loud if it did not cause so much pain and heartache”.
That is how Western Cape High Court Judge Daniel Thulare on Monday described the finding into Imam Haron’s death by then magistrate JSP Kuhn, which he overturned.
He said the Imam suffered severe torture as the Security Branch of the SAPS continued their “incessant interrogation” of him during his 123-day detention, especially in the last week before his death at Maitland Police Station.
In his 101-page judgment, titled “The last days in the life of the Imam and anti-apartheid guerilla 28 May - 27 September 1969”, Judge Thulare said Imam Haron was repeatedly punished and the fact that the police cell in which his lifeless body was found was cleaned and scrubbed after the Imam’s naked body was removed “was to remove evidence to help determine the cause of death of the Imam” and was a “coverup”.
“The Security Branch in Cape Town subjected the Imam to torture. The psychological torture of the Imam included false accusations, solitary confinement, verbal abuse, threatened violence and giving misleading information, threatened with execution of self or family, constant interrogation threatened with prolonged detention. The physical torture included beatings,” said Judge Thulare.
He said in his findings, the physical torture suffered by Imam Haron was that he was kicked with bored feet.
“Repeatedly prodded or pressed with the knuckles or with the point of a truncheon or similar object while standing against or facing the wall or while laying down and having been dealt ‘vicious throws’ repeatedly with a truncheon on his thighs, back and sides.
WATCH: Judge Daniel Thulare sets aside the findings of Magistrate JSP Kuhn which exonerated the Security Branch for the torturous death of Imam Abdullah Haron during 1969. Video: @ChevonBooysen pic.twitter.com/cKnlJDYvx7
— Cape Times (@CapeTimesSA) October 9, 2023
“(Johannes) Pienaar, (Dirk) Genis, (Major) Kotze, (Ebanis) Geldenhuys, Johannes ‘Spyker’ van Wyk, and Andries (van Wyk) were involved in the interrogation of the Imam and all of them, individually and collectively, subjected him to psychological and physical torture. They caused him the injuries under torture. This also explains why they individually and collectively participated in an attempt to cover up the torture and the true cause of death.
“It is the trauma suffered between 17 and 19 September that worsened his condition. This worsened condition was known to the Security Branch members at SAPS in Maitland. The six members of the Security Branch individually or collectively continued to hit and kick the Imam ... even when he lay helpless, sedated and in pain in the last few days of his lifetime. The search for truth knew no boundaries and had no conscience,” said Judge Thulare.
Dealing with the judgment of Magistrate JSP Kuhn who exonerated the Security Branch from any due responsibility for the murder of Imam Haron, Judge Thulare said Kuhn “had no real desire to establish and reach the truth”.
“The uncritical acceptance of the improbable version of the Security Branch cannot be supported ... The magistrate accepted without question the mere say-so of the Security Branch.
He paid no heed to the cause (and) did not apply his mind to the evidence of the medical experts,” said Judge Thulare.
Also in his order, Judge Thulare rebuked the conduct of the doctors who gave evidence in the initial inquest.
“The conduct of Dr Viviers, Dr Gosling, Dr Kosseaw, and Dr Schwar deserve serious rebuke from the court and is referred to the South African Medical and Dental Council for its attention,” said Judge Thulare.
With a palpable sigh of relief, Imam Haron’s son, Muhammed Haron, said they “always knew he was killed”.
“This reopened inquest confirmed that (Imam Haron was killed), and I think that the judge helped to give the necessary insight as to how this occurred and of course the witnesses that helped to inform the whole process, contributed towards this.
“So, it was always our feeling that he was killed and there it is.
“In a sense, it brings some sort of closure to us as a family, to our community, and we only hope that our other cases that are still in the queue will have a similar outcome.
“If only this could have happened decades ago instead of 54 years down the line, and if only we could have prosecuted each of those murderers who had died ... but be that as it may it has brought some solace to our hearts that we were always correct.
“But we also hope that it will give courage to other families that they will find the same,” said Muhammed.
Describing his late father as a brave man, Muhammed said the finding gave their family a degree of calmness to move forward. The next task is to complete the biography of Imam Haron.
“(He) was not a traditional individual as we sometimes understand it in theological circles and we wish to share that with a larger audience who wish to take lessons from his life”.
Odette Geldenhuys, head of the Webber Wentzel Pro Bono team and the instructing attorney for the Haron family, said: “By correctly concluding that the death of Imam Abdullah Haron was caused by the torture meted out by the then Security Police, the Honourable Justice Thulare has made an important contribution to South Africa’s efforts to establish the truth about the past in order to move forward as a united nation. As Webber Wentzel, we are honoured to have had the opportunity to represent the Haron family in this matter.”
National Prosecuting Authority spokesperson, Eric Ntabazalila welcomed the outcome, saying: “We congratulate the investigating team who went beyond the call of duty who flew to Pretoria to get all the evidence that was necessary and to get the only living person to be in court and to persuade that person to testify. Also the State’s team which worked well to assist the court to come to this judgment. Also to the lawyers of the family who ensured that the family gets justice and get what they have been believing since 1969 to today that Imam did not die of natural causes but that he was basically killed.”
Cape Times