NPA welcomes Neil Aggett judgment
The National Prosecuting Authority (NPA) said it has noted the judgment by Judge Motsamai Makume that set aside a prior judgment of the inquest into the death of anti-apartheid activist Dr Neil Aggett.
The initial inquest in 1982 found that the death of Aggett was suicide.
However, four decades after Aggett died in police custody, a reopened inquest into his death found it was not a suicide and that apartheid security police were responsible for his death.
Judgment was handed down in the inquest in the Johannesburg High Court on Friday.
Aggett was found hanging in a police holding cell while in detention at John Vorster Square in February 1982.
In September 1982, an inquest, presided over by Magistrate Pieter Kotze found that no one was to blame for the death.
However, Judge Makume overturned Magistrate Kotze’s finding and found that the death of Aggett was brought about by acts committed by members of the security branch, Lieutenant Stephen Whitehead and Major Arthur Cronwright, stationed at John Vorster Square.
Judge Makume said Magistrate Kotze’s judgment further drew an inference that Aggett committed suicide as he felt embarrassed for giving out information about his comrades to the Security Branch officers.
“Kotze accepted the version of the police despite overwhelming evidence to the contrary.”
Judge Makume then referred his judgment to the NPA for possible prosecution.
The NPA’s Phindi Mjonondwane said they will study the judgment to determine the course of action they will take following the judgment.
“The NPA commends the teamwork of investigating officers Colonel Mathipa and Warrant Officer Frank Kgamanyane, retired Deputy Director of Public Prosecutions, Advocate Jabulani Mlotshwa, and Senior State Advocate Shubnum Singh. This team worked tirelessly together with law firm Webber Wetzel to ensure that witnesses were traced and could testify in this inquest hearing, following the authorization to hold the hearing by Justice and Correctional Services Minister, Ronald Lamola in 2019.”
Mjonodwane said the NPA acknowledges the pain and suffering of the Aggett family, his partner Dr. Elizabeth Floyd (Liz) and many others that lost loved ones due to apartheid-era atrocities.
The NPA added that it is on record having said that the unwarranted delays in bringing perpetrators to book was an injustice to the families of these victims and will work swiftly in applying its mind to implement the recommendations by Judge Makume.
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