Reopening of Apartheid-Era Inquests: Pursuing Justice Decades Later

Apr 3, 2025

Introduction
In a significant move toward restorative justice, the National Prosecuting Authority (NPA) has recommitted to reopening inquests into the deaths of anti-apartheid activists whose cases were mishandled, whitewashed, or closed without justice. This development reflects a growing national and international demand for accountability and truth—no matter how much time has passed.

Legal and Historical Context
During apartheid, inquests often served as instruments of state denial, exonerating security officials in the face of overwhelming evidence. Iconic cases such as those of Ahmed Timol, Neil Aggett, and Dr. Hoosen Haffejee are now being revisited, often at the behest of families, human rights lawyers, and public interest organisations.

The South African Constitution mandates a commitment to truth, justice, and reconciliation—principles that transcend the mere passage of time. The reopening of inquests is aligned with Section 179 of the Constitution, empowering the NPA to act in the public interest and uphold the rule of law.

Legal Challenges and Opportunities

  • Evidentiary Hurdles: With witnesses deceased or unavailable, and evidence lost or degraded, these cases test the resilience of our justice system.

  • State Responsibility: There is growing legal and moral consensus that the state has a duty to rectify previous injustices, even if they stem from its predecessor.

  • Family Rights: Families of victims have a right to truth and closure under both domestic and international law, including the International Convention for the Protection of All Persons from Enforced Disappearance.

Why This Matters Today
The reopening of these inquests is not about revenge—it is about justice. For a progressive legal practice, the implications are profound:

  • We must support transitional justice mechanisms that go beyond the Truth and Reconciliation Commission’s work.

  • Legal practitioners must actively engage in pro bono representation, historical research, and litigation support to ensure justice is done—regardless of how delayed.

  • It presents an opportunity to reshape jurisprudence on state liability, accountability, and the right to memory.

Conclusion
We commend the re-opening of apartheid-era inquests as a powerful legal and symbolic act. Justice delayed must not be justice denied, and the legal community has a pivotal role to play in ensuring South Africa lives up to its constitutional ideals.

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