After waiting for 53 years for the truth regarding the death of anti-apartheid activist Imam Abdullah Haron in police custody, the re-opened inquest is expected to shed light and hear chilling evidence when it sits tomorrow.
Following years of pressure on the national government, Justice and Correctional Services Minister Ronald Lamola re-opened the inquest into Haron's death which is scheduled to take place at the Cape Town High court until November 18, with Judge Daniel Thulare presiding.
Haron died in police custody on September 27, 1969.
The apartheid security police, notorious for torturing political detainees, said Haron died after falling down a flight of stairs while in their custody, and the inquest held at the time found that "no one was to blame" for the death.
The Foundation for Human Rights (FHR), which was approached by the Haron family to help them find the truth about what precisely had happened to the Imam, secured legal representation for the family and the case was re-investigated.
Heading the legal team will be advocates Howard Varney and Naefa Kahn, supported by Webber Wentzel Attorneys.
Leading human rights lawyer and FHR’s executive director Yasmin Sooka said the organisation’s private investigation retrieved the original docket, the inquest record, traced and identified potential witnesses.
In addition, a pathologist and a simulation expert are also expected to testify.
"The pathologist will utilise the existing medical records available from the first inquest to prove that the injuries he (Haron) had sustained were at the hands of the security branch.
“The simulation expert will provide evidence to demonstrate that he could not have slipped on stairs leading to his death and that he was, in fact, murdered," said Sooka.
Former political detainees are also expected to testify about the torture and victimisation they endured at the hands of the security police.
Despite the Truth and Reconciliation and Commission (TRC) process, which was established during South Africa’s transition to democracy to strike a balance between peace and justice, none of the alleged perpetrators of Haron's death appeared before it to testify about their role in human rights violations.
The TRC was also intended to provide a full historical account of violations committed between 1948 and 1994.
"Those implicated in Haron's murder believed themselves to be above the law and untouchable. Sadly, those security branch personnel responsible for Imam Haron’s interrogation and, consequently, his death have since died, taking their involvement with them to the grave," said Sooka.
"The reopened inquest represents a significant victory for the family to ensure that the findings of the first inquest court are overturned so that the apartheid state is held responsible for his death.
“It also presents an opportunity for the state to honour the compact made with the families of victims and to account to the family of Haron with a proper investigation into his death."
The Haron family did not take part in the TRC process as his late widow, Galiema, did not want to reopen old wounds.
“There is trepidation and excitement around the case and the outcome," said Haron family spokesperson and grandson of the late Imam, Khalid Shamis.
He said the re-opened inquest was not only significant for the family but also for the country to understand and recognise the atrocities of the past and write a formal record of history.
The inquest is expected to determine the cause of death and where a death is suspicious or has identified those responsible for the death. It may recommend further investigation and prosecution.
The TRC found that despite overwhelming evidence of brutal assaults and torture of detainees at the hands of the security branch offices, the apartheid judiciary found that: “no was to be blamed.”
Often the judiciary found that detainees had “slipped on a bar of soap, hung themselves, fell out or jumped out of a window on the 10th floor, injured himself, and/or committed suicide.”
Justice Ministry spokesperson, Chrispin Phiri, said the judge would decide whether there was prima facie evidence.
“The findings will help the National Prosecuting Authority decide whether to take criminal prosecutions forward in future.".
Sooka said while it would be "extremely painful for the family", they would hopefully find closure when the truth was revealed.