Court rules Hoosen Haffejee’s death was not self-inflicted

The Pietermaritzburg High Court has ruled that the August 1977 death of Dr Hoosen Haffejee was not self-inflicted, in contradiction to the finding of an initial inquest held in this regard.

The Durban anti-apartheid activist died 46 years ago at the Brighton Beach police station after he was detained by the Special Branch police officers on suspicion of his involvement in the struggle.

“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,” a statement from the National Prosecuting Authority (NPA) read.

However, since the original inquest and following the proceedings of the Truth and Reconciliation Commission (TRC), the matter was referred to the NPA for the reopening of the inquest.

This reopened inquest was at the behest of a joint effort by the NPA and the Directorate for Priority Crime Investigation (DPCI).

“The inquest was thus reopened and new additional evidence was presented to the inquest court.”

In reaching his decision, Judge Zaba Nkosi considered the evidence from medical experts disputing that Haffejee’s death was suicide.

Nkosi also deliberated testimonies of other detainees who also endured interrogations by the South African Police Security Branch and an inspection in loco 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,” the NPA said.

Nkosi found the suicide was staged to cover death under torture.

His recommendations, according to the NPA, 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 said it welcomes the findings of the inquest court and the support of other stakeholders.

“This is an example of the NPA’s TRC component [which… addressed] the atrocities of apartheid crimes and getting justice for the victims and their families.