News

January 14, 2019

Ra’eesa Pather 

Imtiaz Cajee says an investigation needs to be held into why there has yet to be a prosecution of perpetrators in TRC-related cases. 

(Delwyn Verasamy/M&G)

Imtiaz Cajee, the nephew of murdered anti-apartheid activist Ahmed Timol, will recommend that President Cyril Ramaphosa establish a judicial commission of inquiry into the lack of apartheid-era investigations and prosecutions by the South African Police Service (SAPS) and the National Prosecuting Authority (NPA).

In court papers, Cajee has called the NPA’s failure to investigate and prosecute former apartheid policemen who were denied amnesty for their crimes by the Truth and Reconciliation Commission (TRC) a “deep betrayal of all those who participated in good faith in the TRC process”.

“I will be calling for an inquiry into those prosecutors and police who failed in their duties to uphold the rule of law,” Cajee stated in court papers.

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January 13, 2019
SABC Digital News

Published on Jan 12, 2019

The ANC has bestowed late party stalwart Ahmed Timol with the Isithwalandwe Award. The award recognises outstanding contribution to the liberation struggle. 

The award was received by Mohammad Timol, younger brother of Ahmed Timol. 

January 10, 2019

2019-01-09 15:57

The reopened inquest into the death of slain anti-apartheid activist Ahmed Timol will resume this month. The inquest could set into motion the course of justice for families of other victims who were murdered at the hands of apartheid state security.

The inquest has already established that Timol, who was a school teacher, did not commit suicide in October 1971 – as was originally ruled in 1972 – but instead a victim of a brutal attack and killing after being pushed off the tenth floor of the notorious John Vorster Square building in Johannesburg. He was just 29 years old.

Last year, during the hearings, Joao Rodrigues, who was the police officer on duty and was with Timol during his final moments, said that he had witnessed Timol jump to his death. This assertion was dismissed by the court, after presiding Judge Billy Mothle said that his evidence was inconsistent with the overwhelming evidence that pointed towards Timol having in fact been tortured days before his death, as well as his final moments where he had fallen to his death.

The Timol family said last year that they sought no vengeance, only the truth and closure, and just wanted Rodrigues, who is now 79 years old, to be honest with his version of events.

 

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January 09, 2019

At the conclusion of the re-opened Ahmed Timol Inquest in 2017, Judge Billy Mothle reversed the 1972 inquest finding that anti-apartheid activist Ahmed Timol did not commit suicide, but was murdered in police detention at the John Vorster Square Police Station on 27th October 1971. 

Joao Roderiques, the last person with Timol in Room 1026, was charged for his role in the murder and defeating the ends of justice for the death of Ahmed Timol. Roderiques’s legal team is now arguing for a permanent stay of prosecution against their client. 

Timol’s nephew, Imtiaz Ahmed Cajee, who has been pivotal in preserving his uncle’s legacy, was admitted as a party to the proceedings launched by Rodrigues for a permanent stay of prosecution. Cajee filed his affidavit on the 08th January 2019. Rodrigues’s replying affidavit is to be filed on 15 January 2019 and all parties must file their heads of argument on 25 January 2019, where details on the argument pertaining to the application for Roderiques’s permanent stay and quashing of proceedings will be addressed.

Download documentation below:

Court Stamped Filing Sheet

Cajee Founding Affidavit

Pigou Supporting Affidavit

Annexures IC1-IC7

Annexures IC8-IC24

 
January 02, 2019

The families of Nicodemus Kgoathe (04 February), Simon Modipane (28 February), James Lenkoe (10 March), ​Caleb Mayekiso (01 June), Michael Shivuthe (17 June), Imam Haron (27 September) and Jacob Monnakgotla (10 September) will in 2019 be commemorating their 50th anniversary of their deaths in apartheid-era police detention.

Families of the many anti-apartheid activists who lost their lives whilst in police detention and in skirmishes with security police are eagerly monitoring court proceedings pertaining to Joao Roderiques, charged for murder and defeating the ends of justice for the killing of Ahmed Timol.

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December 20, 2018


eNC
APublished on Dec 18, 2018SUBSCRIBE 254KThe family of Ahmed Timol is continuing its quest for the truth. It’s opposing apartheid policeman Joao Rodrigues’s application for a permanent stay of prosecution. Courtesy #DStv403#MorningNewsToday

Timol family joins challenge against Rodrigues’ stay of prosecution bid

GAUTENG / 19 DECEMBER 2018, 5:18PM / ZELDA VENTER

Pretoria – The South Gauteng High Court, Johannesburg, granted permission to the family of Ahmed Timol to join the fight against his alleged killer, Joao Rodrigues’ application for a stay of prosecution.

Judge Ramarumi Monana, however, turned down the application by the family of Dr Hoosen Haffejee, who wanted to be admitted as an intervening party.

The judge expressed his concern that there was no finding that Rodrigues was involved in the killing of Haffejee.

The family of another allegedly murdered anti apartheid activist, Mathews Mabelane, will meanwhile side alongside the National Prosecuting Authority (NPA) in its opposition to Rodrigues’ application for a stay of prosecution. 

https://www.iol.co.za/news/south-africa/gauteng/timol-family-joins-challenge-against-rodrigues-stay-of-prosecution-bid-18562617

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December 18, 2018

The legal representatives of the families of anti-apartheid activists, Ahmed Timol and Dr Hoosen Haffejee, who both died in police detention during  the apartheid-era,  will apply to the court to be joined as respondents in the main application of the State opposing the notice of motion for a permanent stay of prosecution brought by Joao Jan Roderiques. The family of Mathews Mabelane has already filed papers in support of the State.

Timol’s nephew, Imtiaz Ahmed Cajee, who has been pivotal in the re-opening of his uncle’s murder case, takes the view that the answer of the State is woefully incomplete . “The NPA provides no explanation as to why they failed to follow up on my correspondence in 2003. This is outrageous and must be addressed,” adds Cajee.

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December 17, 2018

16 DECEMBER 2018, 2:03PM / EDWIN NAIDU

Johannesburg – Twenty years after the final Truth and Reconciliation Commission (TRC) report, the government is considering reopening the lists for victims who have not shared their apartheid-era abuses, while politicians have called for the prosecution of those who did not come clean with apartheid-era atrocities.

In addition, the National Prosecuting Authority under new head Shamila Batohi has been urged by MPs to prosecute those who did not appear before the commission and those not granted amnesty by the TRC.

As South Africa celebrates the Day of Reconciliation, Justice and Correctional Services Minister Michael Masutha said he was ramping up efforts to implement the recommendations of the TRC as part of the government’s national healing vision.

This includes exploring the controversial issue of presidential pardons, first mooted by former president Thabo Mbeki in 2008.

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December 07, 2018

The family of Mathews Mabelane has filed an affidavit in support of the NPA’s opposition to the Notice of Motion for a permanent stay of prosecution brought by Joao Roderiques.  Dr Hoosen Haffejee’s family  has  filed an affidavit to intervene opposing Roderiques’s application.

First Respondents Answering Affidavit – Jacobus Petrus Pretorius

First Respondents Supporting Affidavit – Johannes Lasch Mabelane

Application to Intervene – Sarah Lall

 

 

December 06, 2018

Ra’eesa Pather06 Dec 2018 11:53

Joao Rodrigues and Timol’s nephew Imtiaz Cajee (Getty Images)

 

 

 

 

 

 

 

Former apartheid cop Joao Rodrigues could be setting an unwelcome precedent for victims of apartheid if a judge agrees to halt his trial for the murder of anti-apartheid activist Ahmed Timol permanently, the National Prosecuting Authority (NPA) said in court papers.

In answering papers at the high court in Pretoria, Torie Pretorius, the head of the NPA’s priority crimes litigation unit, said that if Rodrigues’s application succeeds, it could create a blueprint for other former apartheid-era police officers to avoid prosecution.

The families of activists who died in similar circumstances have also entered the fray to unite in a battle for justice for their loved ones.

Timol was tortured before he was thrown from the 10th floor of John Vorster Square (now Johannesburg Central police station) or rolled off the roof of the building in October 1971.

Rodrigues filed his application for a permanent stay of prosecution in October. In court papers, he said he had been denied the right to a fair trial by undue delays and that he is too old to stand trial.

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