Another Postponement for Roderigues: Timol Murder

News

Ahmed Timol: Courtesy of https://www.ahmedtimol.co.za

Press Release: 07 April 2021

The year 2021 marks the 50th anniversary of the murder of anti-apartheid activist Ahmed Timol. Police claimed that the 29 year old school teacher had jumped to his death from Room 1026 at John Vorster Square Police Station (Renamed Johannesburg Central) on 27 October 1971 with Police Sergeant João ‘Jan’ Anastacio Roderigues in the room. A 1972 inquest ruled that Timol had committed suicide and nobody was responsible for his death. Ahmed Timol was the 22nd person to have died in police detention. Looksmart Ngudle was the first in 1963 and many more were to follow.

In an historic re-opening of the Timol inquest, Judge Billy Mothle on 12 October 2017 overruled a 1972 inquest finding of suicide to Timol been murdered in police detention. The findings of Judge Mothle were referred to the National Prosecuting Authority (NPA) for decision recommended that Roderigues be investigated for his role in the murder of Timol. He also referred an investigation into the conduct of two other Special Branch members, Neville Els and Seth Sons to the NPA for their decision.

Roderigues was charged on 30 July 2018 for murder and defeating the ends of justice. He has made more than 10 appearances in court for his criminal trial that to date has not commenced. His legal team brought a 342 Application to a full bench of the South Gauteng High Court in 2019 that was dismissed. They then proceeded to petition the SCA in Bloemfontein on 6 November 2020 to review the decision of the full bench of the South Gauteng High Court. A decision is still pending.

On 21 May 2020, Adv G.D. Baloyi, the Acting Director of Public Prosecutions Gauteng Division, Pretoria declined to prosecute both Els and Sons. The legal firm Webber Wentzel representing Imtiaz Cajee, nephew of Ahmed Timol and the Foundation for Human Rights (FHR) on 22 June 2020 made representation to the National Prosecuting Authority (NPA) to reverse their decision to not prosecute Neville Els and Seth Sons for perjury committed in their testimony during the reopened Ahmed Timol inquest in 2017. The NPA is yet to respond. It had taken the NPA more than 30 months (2.5 years) to make this decision after persistent correspondence from Cajee to various officials at the NPA.

As Roderigues heads back to court, the State continues to cover his legal costs. PAIA Application seeking a full breakdown of legal costs remains pending.

Roderigues, aged 82, will be back in court at the South Gauteng High Court on Thursday, 8 April 2021. He will be appearing before Judge Monama P in Court Room (AWAITING CONFIRMATION) at 10:00.

…..ends

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 

 22 October 2019

Meeting in Chambers in Palm Ridge High Court

12 December 2019

Provisional Criminal Trial Case

28 February 2020

Rodrigues Court Appearance at the South Gauteng High Court

28 May 2020

Rodrigues Court Appearance at the South Gauteng High Court

31 July 2020

Rodrigues Court Appearance at the South Gauteng High Court

 29 October 2020

Rodrigues did not attend proceedings at Palmridge High Court. Order of Arrest held over

06 November 2020

SCA hears matter in Bloemfontein: High Court & SCA Papers: https://www.ahmedtimol.co.za/rodrigues-high-court-sca-papers/

Repeat Broadcast: Rodrigues at SCA & Media Coverage

07 December 2020

Rodrigues Court Appearance at the Palmridge High Court. Warrant of arrest cancelled and bail extended

16 February 2021

Rodrigues Court Appearance at Palm Ridge Court, Germiston

08 April 2021

Next court appearance

 

Menu