Biko Inquest Reopened: A Quest for Justice
By Darius Spearman (africanelements)
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South African prosecutors are reopening the inquest into the death of anti-apartheid activist Steve Biko, 48 years after he died in police custody (dailydispatch.co.za). This decision marks a significant moment in the ongoing pursuit of justice for victims of apartheid-era atrocities. The National Prosecuting Authority (NPA) stated that the goal is to present evidence to the court. This evidence will help determine if Biko's death was caused by any act or omission that prima facie constitutes an offense by any person (dailydispatch.co.za). An inquest is a judicial inquiry specifically held to determine the cause of a death. This reopening signals a renewed commitment to accountability.
The original 1977 inquest accepted the police's account that Biko sustained injuries by hitting his head against a wall (theguardian.com). Consequently, no one was prosecuted. However, this narrative was challenged years later. In 1997, during Truth and Reconciliation Commission (TRC) hearings, former senior Security Branch officers from Gqeberha applied for amnesty related to Biko's death (dailydispatch.co.za). These officers included Major Harold Snyman, Captain Daniel Siebert, Captain Jacobus Benecke, Warrant Officer Rubin Marx, and Sergeant Gideon Nieuwoudt. The TRC denied them amnesty, ruling that they had lied in their testimony and failed to demonstrate a political motive for Biko's killing (theguardian.com).
Biko's Legacy: Black Consciousness
Steve Biko was a pivotal figure in the anti-apartheid movement, founding the Black Consciousness Movement. He died in a prison cell in 1977 at the age of 30 (theguardian.com). This tragic event occurred after he was beaten into a coma by police nearly a month after his arrest. His death garnered international outrage and he became a global symbol of the struggle against the race-based apartheid system in South Africa (theguardian.com).
The philosophy of Black Consciousness, championed by Biko, continues to be relevant today. It promotes social justice and liberation for Black people in South Africa and globally (academia.edu). Black Consciousness is seen as a philosophy crucial for the affirmation of Black people worldwide. It fosters conscientization, humanness, and freedom from subservience (academia.edu). This movement emphasized self-reliance and psychological liberation for Black people, encouraging them to reject the internalized inferiority imposed by apartheid.
Understanding an Inquest
An inquest is a judicial inquiry conducted to determine the cause and circumstances of a death, especially when it is sudden, unexplained, or involves suspicious circumstances. It is not a trial to determine guilt or innocence, but rather a fact-finding process.
The Truth and Reconciliation Commission
The Truth and Reconciliation Commission (TRC) was established in South Africa in 1995, following the end of apartheid and the election of Nelson Mandela as president. Its primary purpose was to address the human rights violations that occurred between 1961 and 1990 (ebsco.com). This period encompassed the height of apartheid. The TRC aimed to facilitate a peaceful transition and promote national unity. It provided a platform for victims to share their experiences and for perpetrators to apply for amnesty in exchange for full disclosure of their actions (journals.lib.unb.ca).
Chaired by Archbishop Desmond Tutu, the TRC included committees focused on human rights violations, reparations, and amnesty (ebsco.com). The commission conducted public hearings across the nation. The TRC's work culminated in reports that highlighted the atrocities of the apartheid era. These reports offered a narrative for the country's healing process (ebsco.com). The denial of amnesty to Biko's killers by the TRC underscores its commitment to truth and accountability, even when it meant rejecting claims of political motivation.
The Long Road to Justice: Steve Biko’s Case
Death in Custody
Steve Biko dies in police custody after being brutally beaten into a coma. An initial inquest clears the police, accepting their claim that his death was from a hunger strike.
Truth and Reconciliation Commission
The Truth and Reconciliation Commission (TRC) is established to investigate human rights abuses during the apartheid era. Biko’s case is one of the most prominent it addresses.
Amnesty Denied
Former police officers confess to their roles in Biko’s assault at TRC hearings. Their applications for amnesty are denied because they cannot prove their actions were politically motivated.
Inquest Reopened
Forty-eight years after his death, South African prosecutors announce that they will officially reopen the inquest into Steve Biko’s death, citing new evidence and legal precedent.
Re-examining Apartheid Deaths
The decision to reopen Biko's inquest is part of a broader trend to re-examine high-profile apartheid-era deaths. In April, President Cyril Ramaphosa initiated an inquiry into whether past ANC governments interfered with investigations and prosecutions of apartheid-era crimes (theguardian.com). This inquiry comes amidst criticism from victims' families. It reflects a renewed effort to confront the unresolved injustices of the past.
In June, an inquest was opened into the deaths of the “Cradock Four,” four men who were killed by security officers in 1985 (theguardian.com). The Cradock Four were Matthew Goniwe, Fort Calata, Sparrow Mkhonto, and Sicelo Mhlauli. They were prominent anti-apartheid activists in the Eastern Cape. They were stopped at a roadblock, beaten, strangled with telephone wire, stabbed, and shot to death (theguardian.com). These re-examinations demonstrate a commitment to uncovering the full truth behind these brutal killings and holding those responsible accountable, even decades later.
Timeline of Reopened Cases
The National Prosecuting Authority's Role
The National Prosecuting Authority (NPA) is the body responsible for instituting criminal proceedings on behalf of the state in South Africa. Its role in reopening Biko's inquest is to gather and present evidence to the court. This evidence will allow the court to determine if any offense was committed in connection with Biko's death (dailydispatch.co.za). The phrase “prima facie constitutes an offense” means that based on initial evidence, it appears that an offense has been committed. This does not mean guilt has been proven, but rather that there is enough evidence to proceed with a formal inquiry.
The NPA's involvement signifies a serious legal undertaking. It suggests that there may be new avenues for investigation or a fresh look at existing evidence. The reopening of this inquest, along with others, indicates a broader governmental initiative to address historical injustices. This action aims to bring closure and accountability to families affected by apartheid-era violence. The NPA's commitment to this process is crucial for upholding justice in post-apartheid South Africa.
The Impact of Biko's Death
Steve Biko's death was not just a personal tragedy; it was a catalyst for global awareness and resistance against apartheid. His brutal killing exposed the true nature of the apartheid regime's brutality. It galvanized international anti-apartheid movements. The subsequent cover-up and the initial inquest's findings further highlighted the systemic injustices prevalent in South Africa at the time. The world watched as the struggle for freedom intensified.
Biko's legacy extends beyond his death. His philosophy of Black Consciousness continues to inspire movements for liberation and self-determination. It emphasizes the importance of psychological emancipation and collective empowerment for oppressed people. The reopening of his inquest is a testament to the enduring power of his story. It also reflects the ongoing fight for truth and justice in South Africa. This pursuit of justice is vital for healing the wounds of the past and building a more equitable future.
Looking Ahead: Justice and Reconciliation
The reopening of Steve Biko's inquest is a significant step towards achieving full justice for his death. It also contributes to the broader process of reconciliation in South Africa. While the TRC provided a platform for truth-telling, it did not always lead to criminal prosecutions. This new wave of inquests indicates a shift towards legal accountability for apartheid-era crimes. It offers hope to many families who have long sought answers and justice.
The outcomes of these reopened inquests could have profound implications. They could lead to new findings, and potentially, to prosecutions. This process is essential for strengthening the rule of law and ensuring that such atrocities are never repeated. It is a powerful message that even after decades, the pursuit of truth and justice remains a priority for the nation. The journey towards complete healing and reconciliation is long, but each step, like the reopening of Biko's inquest, brings South Africa closer to its goal.
ABOUT THE AUTHOR
Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.
