Inquest court rules Hoosen Haffejee’s death was not self-inflicted
16 September 2023
The Pietermaritzburg High Court (inquest court) has ruled that the August 1977 death of Dr. Hoosen Mia Haffejee was not self-inflicted, in contradiction to the finding of an initial inquest held in this regard.
In 1977, Haffejee died at the Brighton Beach police station, after he was detained there by the Special Branch police officers, on suspicion of his involvement in anti-apartheid activities.
Following an interrogation at the police station, Haffejee was found deceased in a cell, with his trousers twisted around his neck, suggesting a possible 'hanging.'
An inquest held by the government at that time, ruled that nobody could be held liable for Haffejee's death and that the cause of his death was likely self-inflicted.
However, since the original inquest and following the proceedings of the Truth and Reconciliation Commission, the matter was referred to the National Prosecuting Authority for the reopening of the inquest.
Section 17A(1) of the Inquests Act 58 of 1959 states as follows:
“The minister may, on the recommendation of the Attorney General concerned, at any time after the determination of an inquest and if he deems it necessary in the interests of justice, request a judge president of a provincial division of the Supreme Court to designate any judge of the Supreme Court of South Africa to reopen that inquest, where upon the Judge thus designated shall reopen such inquest.”
The inquest was thus reopened, and new additional evidence was presented to the inquest court.
In reaching his decision, Judge Z P Nkosi considered the evidence from medical experts disputing that Haffejee’s death was self inflicted, the testimonies of other detainees who also endured interrogations by the SA Police Security Branch, and an inspection in loco of the crime scene, where an expert had reconstructed the scene.
In overturning the findings of the initial inquest, Nkosi referred to the first inquest as pitiful, sub-standard and riddled with bias.
He concluded that Haffejee's death was not self-inflicted.
His recommendations were that the surviving members of the police security branch as well as others, be held responsible for Haffejee's death.
Senior State Advocate Denardo MacDonald represented the NPA in these inquest proceedings.
The NPA welcomes the findings of the inquest court. This is an example of the NPA's TRC Component's, efforts in addressing the atrocities of apartheid crimes; and getting justice for the victims and their families.
This reopened inquest was at the behest of a joint effort by the NPA and the DPCI. The support of other stakeholders is appreciated.
Issued by Natasha Ramkisson-Kara, NPA Regional Spokesperson, KZN Division, 18 September 2023
