In a significant development for the families of two anti-apartheid activists, the Mabelane and Tlhapi families, along with the Foundation for Human Rights (FHR) and legal experts from Bowmans, have welcomed the formal reopening of inquests into the deaths and disappearances of Nicholas Ramatua “Boiki” Tlhapi and Matthews Mabelane. The families, however, expressed their disappointment regarding the lack of scheduled hearing dates for these inquests, which they hope will finally provide justice and closure.

Nicholas Ramatua “Boiki” Tlhapi was an activist from Ikageng, Potchefstroom, who was arrested in 1986 under Section 29 of the Internal Security Act. Shortly after his arrest, allegations surfaced concerning his interrogation and assault, following which he mysteriously disappeared. Despite the family’s relentless search for him or his remains, a 1994 inquest concluded there was no evidence of unnatural causes of death, leaving unresolved questions and deep anguish in the hearts of his loved ones.

Similarly, Matthews Mabelane, a member of the Soweto Students’ Representative Council, allegedly met a tragic fate when he fell to his death from the 10th floor of John Vorster Square during his detention. An inquest held on 30 May 1977 had unquestioningly accepted the police’s account, stating that Mabelane had attempted to escape before accidentally falling from a ledge, resulting in fatal injuries. However, this official narrative has long been contested as the family seeks truth and justice.

Pursuit of justice

In a pivotal move, the National Director of Public Prosecutions (NDPP) recommended the reopening of the inquests, leading to Tlhapi's inquest scheduled for November 2024 and Mabelane’s set for February 2025. The decision regarding Mabelane’s case stemmed from meticulous representations made by his family’s legal team, which included expert medical forensic reports and trajectory analyses that undermine the police's version of Mabelane's death.

On 13 December 2024, the Minister of Justice formally recommended the appointment of a judge to oversee Tlhapi's reopened inquest. As of now, a similar request for the Mabelane case is still pending. The families, alongside Bowmans and FHR, stress the importance of advancing these processes without further delays, demonstrating their commitment to seeking justice and transparency.

The Mabelane and Tlhapi families are not alone in their pursuit of justice. They are among 25 families and survivors of apartheid-era political crimes who have filed a significant application against President Cyril Ramaphosa and his administration. Their demand? Constitutional damages for the political suppression surrounding the unresolved crisis of apartheid-era political crimes that followed the Truth and Reconciliation Commission (TRC) proceedings.

Sense of closure

In the past, Tlhapi’s late father conveyed his desperation in an interview with City Press: “How can I sleep at night knowing my son’s body, which was last seen battered and bloodied in a police station office, might have been lying at the bottom of a disused mine shaft for the past 30 years?” This painful sentiment resonates deeply with the Mabelane family, whose quest for truth has been prolonged by years of bureaucratic hurdles and unanswered questions. Their struggle was originally championed by Matthews' father, Philip Mabelane, and his brother, Lasch Mabelane; both of whom passed away without witnessing the sought-after justice.

As the inquests move forward, both families hold onto hope that these hearings will finally shed light on the unresolved tragedies, allowing them to achieve a long-awaited sense of closure and initiate the crucial healing process they have so greatly needed.

#johnvorstersquare

Families of anti-apartheid activists celebrate reopening of inquests for justice