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.
During the historical re-opening of the Timol Inquest in 2017, Judge Mothle ruled that Timol was murdered and recommended to the National Prosecuting Authority that the role of Joao Jan Roderigues be investigated in the death of Timol and Security Branch Officers Neville Els and Seth Sons be charged for perjury. More than a year later, investigations continue and a decision is yet to be made if Sons and Els are going to be charged.
Roderiques appeared in court on 30th July 2018 wherein he indicated his intention to plead not guilty to the charges of murder and defeating and/or obstructing the course of justice. His legal team is arguing that all charges against him be quashed due to his age and the lengthy time delay in the investigation and prosecution in relation to Timol’s death.
Judge Ramarumo Monama will preside over the interlocutory hearing on Wednesday, 19th December 2018 at the South Gauteng High Court in Johannesburg. Proceedings commence at 10:00 and members of the public are encouraged to attend.
* Matthews Mojo Mabelane (23) had allegedly fallen from a ledge outside Room 1008 on the tenth floor of John Vorster Square on 15 February 1977.
* Dr Hoosen Haffejee (26) died at the Brighton police station in Durban, KwaZulu-Natal on 3 August 1977. Police claimed that he used his trousers to hang himself.