The family of Struggle icon, Stephen ‘Steve’ Bantu Biko, whose inquest into his death has been reopened, believes that there is sufficient evidence to assist the court in making an ‘unambiguous pronouncement’ on the murder of Biko and to lay the ground for other legal processes.

Nkosinathi Biko, the son of Steve Biko, stated that the past processes have helped the family develop deep archives on this matter, which they have made available to the National Prosecuting Authority (NPA).

Biko’s inquest comes after those looking into the murders of Ahmed Timol, Nokuthula Simelane, David Webster, Imam Haron Abdullah Haron, Hoosen Haffejee, Griffith Mxenge, Fort Calata, Matthew Goniwe, Sicelo Mhlauli, Sparrow Mkhonto, Chief Albert Luthuli, and the trial of one of the killers of Caiphus Nyoka, led to a conviction.

He said the re-opening of the inquest is a welcome development, and a consequence of the efforts of organisations like the Apartheid Era Victims Family Group (AVFG), which has been campaigning for action on the more than 300 cases that were recommended for further investigation and prosecution by the Truth and Reconciliation Commission (TRC) in 1999. 

Nkosinathi stated that they anticipate hurdles in the Biko case, similar to those in the inquests of other anti-apartheid activists, but none so substantial as to prevent the court from concluding its work.

“Justice is an important element in the process of healing. Steve Biko was arrested as a healthy man. He died of a brain haemorrhage. During the time of detention, he was in the company of eight police officers and two doctors, who collectively colluded to conceal the circumstances of his death and who, when granted the opportunity for amnesty in return for truth, misled the nation through their submission at the TRC. It now remains for the court to hold them accountable. 

“But, by justice, I mean more than just the outcome of the inquest or a subsequent pronouncement of guilt, important as that is. I also refer to how lessons are drawn from incidents such as Biko’s murder to ensure a culture of ‘never again’. We know that police brutality has continued in South Africa under our democracy, in cases like the murder of the Ficksburg activists, Andries Tatane, in 2011, the Marikana Massacre of 2012, and the murder of Nataniel Julies in 2020. With the Biko Inquest, we must reaffirm the value of life and human dignity – the two primary promises of our Bill of Rights,” Nkosinathi stated.

In the case of the role of the doctors implicated in the Biko murder, the Steve Biko Foundation and Wits University established a Steve Biko Centre for Bioethics, which trains medical students on their ethical responsibility in discharging their duties. This is a practical example of what I mean by public education, he highlighted.

Nkosinathi said they are hopeful that the inquest will correct the past findings and lay the ground for a trial.

“The Biko inquest is about dealing with the unfinished business of the TRC, which is a national imperative. We believe that there is sufficient evidence to assist the court in making an unambiguous pronouncement on the murder of Biko and to lay the ground for other legal processes. The Khampepe Commission is now looking into why these matters were delayed,” he stated.

“The inquest of 1977 led to a finding by Magistrate Prins of ‘nobody to blame’, despite the compelling forensic evidence that Biko was tortured to death. It was no surprise that an apartheid court would clean up after its agents. In 1997, the family successfully opposed the application for amnesty by the killers of Biko at the TRC. The Biko case subsequently became part of the 300 cases – the Unfinished Business of the TRC,” Nkosinathi said.

He stated that the delays in actioning the recommendations of the TRC mean that witnesses have since died and valuable evidence has either been lost or destroyed. 

“The legacy of Steve Biko offers political thought leadership. But it also offers a useful guide on how to take ideas and give them practical application in solving some of our societal challenges. This was what the Black Community Programmes resulted in: them building clinics, establishing self-employment projects, bursaries, and many other initiatives. Our lives are intertwined insofar as I opted to spend my life building institutions of civil society. He is the inspiration behind at least two of them, the Steve Biko Foundation and Steve Biko Centre.

“The preservation of Biko’s legacy is something that we have been doing for years through the Steve Biko Foundation. The Steve Biko Centre, in his hometown, in particular, is a cultural heritage destination with a museum, library, archives, and performance spaces that teach South Africans about the life and work of Biko. The notion of agency and self-reliance is, for me, at the centre of what our nation needs to ensure that citizens are at the centre of improving their life chances,” Nkosinathi stated.

According to the National Prosecuting Authority (NPA), the reopening of the inquest into the death of Biko, 48 years after being allegedly tortured by the then apartheid regime, follows the Minister of Justice and Constitutional Development’s approval of the National Director of Public Prosecutions’ request, which was supported by the legal representatives of the Biko family.

“The main goal of reopening the inquest is to lay before the court evidence that will enable the court to make a finding in terms of Section 16(2) (d) of the Inquests Act 58 of 1959, as to whether the death was brought about by any act, or omission, which prima facie involves or amounts, to an offence on the part of any person. The NPA and its partners will continue their efforts to address the atrocities of the past and assist in providing closure to the Biko family and society at large,” the NPA said in a statement.

Biko was arrested with his comrade, Peter Jones, at a roadblock near Grahamstown (Makhanda) on August 18, 1977. He violated his banning orders, which restricted his movement to King Williamstown (Qonce). He was taken to Walmer Police Station in Port Elizabeth (Gqeberha), where he was allegedly tortured while shackled with leg irons and kept naked in a cell.

It was only after 24 days in custody that medical assistance was sought for him after ‘foam’ was noted around his mouth. On September 11, 1977, he was loaded unconscious, still naked and shackled, into the back of a police Land Rover, and transported to a prison hospital in Pretoria, 1,200 kilometres away. He died outside a Pretoria hospital on September 12, 1977, at the age of 30, the NPA stated.

The Department of Justice and Constitutional Development stated that Minister Mmamoloko Kubayi, in terms of Section 17A(1) read with sections 6(a) and 6(d) of the Inquests Act, Act 58 of 1959, directed that the inquest into the death of Biko be reopened.

For comments and tip-offs, email: gcwalisile.khanyile@inl.co.za

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