Author Archive

October 16, 2019

The legal team of Joao Antonio Jan Rodrigues has petitioned the Supreme Court of Appeal (SCA) in Bloemfontein against the Judgment and Order of the High Court of South Africa (Gauteng Division, Pretoria) delivered on 18th September 2019. This is in relation to the Order that dismissed their leave to appeal for a permanent stay of prosecution against their client for his role in the murder of anti-apartheid activist, Ahmed Timol who was killed in police detention on 27th October 1971 at the notorious John Vorster Square Police Station (renamed Johannesburg central Police Station).

 The main points of argument for the petition includes amongst others that an amnesty granted to perpetrators or alleged perpetrators of unlawful conduct of a political nature alternatively that there was an agreement with the authorities to the effect that no prosecutions would be instituted for political offences of this nature.

 It also argues about improper conduct of deponents who filed opposing affidavits for the first and second respondents, namely the National Director of Public Prosecutions (NDPP) and Minister of Justice and Correctional Services, for failing to file affidavits timeously.  

To commemorate Timol’s 48th anniversary, Freedom Park is hosting an exhibition titled, TIMOL – QUEST FOR JUSTICE that will be opening on 22nd October 2019 a. A powerful celebration of the life and legacy of an anti-apartheid activist whose life was brutally cut short by the apartheid regime.

For more information, contact 27 12 336 4020

Ends…

Issued by Imtiaz Ahmed Cajee – nephew of Ahmed Timol

October 12, 2019

On the 12th October 2017, Judge Billy Mothle ruled that Ahmed Timol did not commit suicide as per the 1972 Inquest verdict, but was murdered in police detention.

Joao Antonio Jan Rodrigues was to be investigated for his role in the murder of Timol. Fellow Security Branch Officers Neville Els and Seth Sons to be charged for perjury.

After lengthy court delays and an application for a permanent stay of prosecution dismissed by a full bench, Rodrigues criminal case has yet not commenced.

Despite the murder and defeating the ends of justice been enrolled more than a year ago, investigation into perjury charges against Seth sons and Els is yet to be finalised two years  later.

Ends….

October 01, 2019

Official-Launch-of-The-Ahmed-Timol-Exhibition-Invitation

Picture 1 of 1

Freedom Park will be hosting the Ahmed Timol Exhibition, “Quest for Justice” and a dialogue session to commemorate the 48th anniversary of Timol who was killed in police detention on 27 October 1971.   

Timol was detained at a “routine” police roadblock on the evening of 22 October 1971. Four days and 18 hours later, police claimed that he had jumped to his death from room 1026 of John Vorster Square Police Station (renamed Johannesburg Central Police Station) committing suicide. A 1972 Inquest ruled that Timol committed suicide and that nobody was to be blamed for his death. He was the 22nd detainee to have died in police detention.

In 2017, the Ahmed Timol Inquest was re-opened and Judge Billy Mothle ruled on 12th October 2017, that Timol did not commit suicide, but was murdered in police detention.

The exhibition will be officially launched at Freedom Park on 22nd October 2019 at 11:00.

For more information, contact 27 12 336 4020

rsvp@freedompark.co.za by 12 October 2019

Ends…

Issued by Imtiaz Ahmed Cajee – nephew of Ahmed Timol


September 25, 2019
Trial of Joao Rodrigues may only get underway in 2020

Joao Jan Antonio Roderigues appeared at the South Gauteng High Court today, 25 September 2019 before presiding Judge  Ramarumo Monama.

The matter was postponed to  chambers on 21 October 2019 for counsels for the Defence to make a decision in respect of the Appeal process. 

A provisional court date has been set for trial for 12 December 2019. 

Judge Monama was scathing in respect of legal fees which are covered by the State attorney, inevitably the State. He referred to the “deep pockets” of the State to cover the costs of three counsel for the accused. 

The judge referred to the absence of the State Attorney as well as the SAPS, Legal Services since the inception of the matter. 

The judge was mindful of the rights of the accused, and emphasized that he remains innocent until proven guilty. 

Ends….

Issued by Imtiaz Ahmed Cajee – Nephew of Ahmed Timol

September 24, 2019

The murder accused of anti-apartheid activist Ahmed Timol, Joao “Jan” Antonio Rodrigues, returns to the South Gauteng High Court on Wednesday, 25th September 2019. 

(See timeline below).

Rodrigues’s legal counsel were unsuccessful in obtaining leave to appeal the judgment of a full bench of the South Gauteng High Court on 18th September 2019, which dismissed their application for a permanent stay of prosecution.

A PAIA Application submitted in May 2019 seeking to ascertain the total legal costs incurred by the State for Rodrigues’s legal fees have to date not been responded to by the Department of Justice.

Judge Monama will preside over court proceedings on Wednesday at the South Gauteng High Court, Room 2A at 10:00 and is expected to map the way forward in the criminal case against Rodrigues who is on R2000 – 00 bail since he was charged on 30th July 2018. Members of the public are welcome to attend.

Ends….

Issued by Imtiaz Ahmed Cajee – Nephew of Ahmed Timol

Timeline:

26 June 2017                   

Re-Opening of the Timol Inquest

12 October 2017             

Ruling handed down and 1972 Verdict overturned

30 July 2018                     

Rodrigues charged and 1st court appearance in Johannesburg Magistrate Court

18 September 2018 

Rodrigues Court Appearance at South Gauteng High Court in Johannesburg

15 October 2018             

Rodrigues Court Appearance at South Gauteng High Court in Johannesburg

22 October 2018             

Rodrigues Court Appearance at South Gauteng High Court in Johannesburg

20 November 2019         

Meeting in Chambers

28 January 2019              

Rodrigues Court Appearance at Palm Ridge Court, Germiston

28 & 29 March 2019               

Application for Permanent Stay of Prosecution (342A) Argued at South Gauteng High Court in Johannesburg

31 May 2019                      

Judgment handed down at South Gauteng High Court in Johannesburg

28 June 2019                    

Rodrigues Court Appearance at the South Gauteng High Court in Johannesburg

02 August 2019 

Rodrigues Court Appearance at Palm Ridge Court, Germiston

18 September 2019

Application for leave to appeal, South Gauteng High Court dismissed

25 September 2019

Rodrigues Court Appearance at the South Gauteng High Court in Johannesburg​ for Criminal Proceedings 

September 18, 2019

2019-09-18 12:53 – Canny Maphanga

Former apartheid cop Joao Roderigues has lost an application he lodged in a bid to have his prosecution for the murder of anti-apartheid activist Ahmed Timol stayed.

This comes after the Gauteng High Court in Johannesburg dismissed the leave to appeal application on Wednesday.

When the application was argued earlier on Wednesday, the court heard that there were no “reasonable prospects of success” in an appeal.

“The respondents are not entirely sure of the case they are required to meet since potentially the applicant is seeking to canvas every finding of fact and every ruling of law made by this honourable court,” advocate Howard Verney argued on behalf of the fourth respondent, Imtiaz Cajee.

Cajee is Timol’s nephew.

“The application ought to have set out in his grounds, not just a shopping list of alleged misdirections, but ‘why and in what respect’ the court erred. This means stipulating how the court erred in applying the law and/or the facts,” he submitted.

Read more…
September 16, 2019

The application for leave to appeal to be heard in the matter of State vs Joao Rodrigues on Wednesday, 18 September 2019, no longer relates only to the murder of anti-apartheid activist Ahmed Timol, but raises questions of accountability for crimes perpetrated during the apartheid period in South Africa. Rodrigues was investigated for his role in the murder of Timol on 27 October 1971 as per the historic ruling made by Judge Billy Mothle on the 12th October 2017 in the re-opening of the Ahmed Timol Inquest. The 2017 inquest reversed the 1972 finding that Timol had committed suicide. It found that Timol was murdered in police detention.

Read more…
September 10, 2019
Suliman Babla Saloojee

This is an edited version of a speech delivered by Imtiaz Cajee, the nephew of Ahmed Timol, to commemorate the 55th anniversary of the death of Sulaiman ‘Babla’ Saloojee, an anti-apartheid activist who was killed in police detention. DAILY MAVERICK

I was not born when Uncle Babla Salojee was killed in police detention in 1964. He was the fourth to have died in police detention. Looksmart was the first, in 1963. By 1990, approximately 73 detainees had died.

I was five years old when Uncle Ahmed Timol was murdered in police detention in October 1971. I am in no position to talk about either of them. There are comrades who are better suited for this.

I speak to you today as the nephew of Uncle Ahmed. I am honoured and humbled that Aunty Rookaya has asked me to speak on her behalf.

Uncle Babla was detained two days after their engagement. They were married for two years when he was detained the last time on 6 July 1964 for approximately two months. I console myself that Uncle Ahmed was detained for four days and 18 hours only. His body lying on the slab in the Hillbrow mortuary with ante-mortem wounds inflicted on his wounds remains entrenched in my mind. As is my grandmother, Uncle Ahmed’s mother, narrating to me how not knowing where and what was happening to Uncle Ahmed, impacted on her.

I can only imagine what Uncle Babla went through at the hands of the Security Police for over two months in detention. What was Aunty Rookaya going through in this period looking for Uncle Babla?

Read more…
September 05, 2019

9th September 2019 marks the 55th anniversary of the death in police detention of Suliman “Babla” Saloojee (aged 33). He was a legal clerk and a member of the renowned Transvaal Indian Congress and the Transvaal Indian Youth Congress. He was also a prominent member of the Picasso Club, along with Ahmed Kathrada, Mosie Moolla, Abdullay Jassat and Farid Adam.

Saloojee died on September 9, 1964 after falling from a seventh-floor window in Gray’s Building, the then headquarters of the police’s Special Branch.

Although the police version was that he had committed suicide, and an inquest into his death found that the cause of his death was unknown, his family and friends believe he was brutally tortured by the infamous security policeman “Rooi Rus” Swanepoel, before being thrown to his death.

Saloojee was the fourth anti-apartheid activist to die in custody and many more were to follow. He was in 2016 posthumously awarded the Order of Luthuli in Bronze for his excellent contribution to the fight against apartheid. He paid the ultimate price for dedicating his life to fighting political injustice in South Africa.

The Ahmed Kathrada Foundation will be commemorating the anniversary on Sunday, 8 September 2019 at the Bill Jardine Hall, Commando Road, Industria, Johannesburg. A visit to the grave site of Saloojee will take place after the commemorative event.

To RSVP, please contact Nonkosi Maliti by emailing eventsakf@gmail.com or call 011 854 0082.

September 02, 2019

Muslim Views August – September 2019