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THE historic re-opening of the inquest into the deaths of the ‘Cradock Four’, which was due to sit from September 2 to 20, 2024 in the Gqeberha High Court, has been postponed.
Former Minister of Justice, Ronald Lamola, had announced on January 5, 2024 the decision to re-open the inquest, almost 40 years since the assassination of Fort Calata, Matthew Goniwe, Sicelo Mhlauli and Sparrow Mkonto at the hands of the apartheid regime on June 27, 1985.
However, the inquest, which was to be heard before the Honourable Justice Nomatamsanqa Beshe, has collapsed and will not proceed as originally scheduled. The inquest will be formally postponed in Court on Monday, September 2 to new dates.
The collapse of the inquest occurred notwithstanding strenuous efforts made on behalf of the families to ensure a timely start. Legal representatives of the former South African Police (SAP) and the South African Defence Force (SADF) witnesses complained that they were notified too late to prepare for the inquest and have not been able to secure state funding for their legal costs.
At the instance of the families, with the support of all parties, Judge Beshe was requested to order the State Attorney, the South African Police Services (SAPS) and the South African National Defence Force (SANDF) to expedite the payment of the reasonable legal costs of the former state officials in order to prevent the further delay of the inquest. This order was issued by Judge Beshe on August 12.
The former Apartheid-era state officials appearing as witnesses are Christoffel ‘Joffel’ Pierre van der Westhuizen, Craig Michael Williamson, Izak Johannes ‘Krappies’ Engelbrecht and Eugene De Kock.
The families of the Cradock Four, the Foundation for Human Rights and attorneys Cliffe Dekker Hofmeyr will address the media on Monday September 2 after court adjourns in the Gqeberha High Court.
Justice for the victims and their families
The Cradock Four matter is emblematic of government’s failure to effectively investigate and prosecute apartheid-era crimes. The Cradock Four case was one of several hundred murder cases referred by the TRC to the NPA, which were suppressed by senior government officials following the winding up of the TRC.
The history of the Cradock Four case is testament to the extraordinary perseverance of the families, who have been tirelessly fighting for justice.
While the re-opening of the inquest was welcomed, it was already a bitter pill for the Cradock Four families to swallow, since long delays on the part of the state ensured that no criminal prosecutions could be pursued.
These further delays are devastating for the families.
Background
The Cradock Four anti-Apartheid activists: Matthew Goniwe, Fort Calata, Sparrow Mkonto and Sicelo Mhlauli, were abducted and murdered by the South African security police on June 27, 1985.
The death of the Cradock Four marked a turning point for struggle politics. On the day of their funeral, President PW Botha responded by declaring a national State of Emergency, which would remain in place for a number of years.
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The First Inquest
At the original inquest opened in 1987 and concluded on February 22, 1989, the Presiding Officer determined that the Cradock Four had been killed by ‘unknown persons’. No one was prosecuted for the assault or murder.
The Second Inquest
In 1994 the second inquest, presided by Judge Neville Zietsman, found the security forces responsible for the murders of the Cradock Four and established that a case of suspicion had been made out against SAP officers and South African Defence Forces (SADF) members. Despite these findings, no steps were taken against the SAP officers and SADF members.
Amnesty applications before the Truth and Reconciliation Commission
In 1999, eight former police officers applied for amnesty for their involvement in the arrest and murder before the Amnesty Committee of the Truth and Reconciliation Commission (TRC). They included Eric Alexander Taylor, Hermanus Du Plessis, Nicolaas Jacobus Janse van Rensburg, Harold Snyman, Gerhardus Johannes Lotz, Johan Martin ‘Sakkie’ van Zyl, Jacob Jan Hendrick ‘Jaap’ Van Jaarsveld and Eugene De Kock.
The TRC Amnesty Committee findings demonstrated that there was a prima facie case of kidnapping and murder against the perpetrators who were refused amnesty, however, no action was taken. Since then, all of the alleged murderers on the scene have died.
Compelling SAPS and the NPA to hold the perpetrators accountable
The families of the late Cradock Four have fought relentlessly for the National Prosecuting Authority (NPA) and the South African Police Service (SAPS) to investigate and prosecute the perpetrators of this torture and murder.
This ultimately culminated from the Calata, Mhlauli and Mkonto families launching an application in the Pretoria High Court in 2021 to compel the NPA and SAPS to finalise their investigations and to make a decision whether to prosecute the surviving perpetrators.
As late as June 2022 National Director of Public Prosecutions, Shamila Batohi, assured Parliament that a prosecutorial decision was expected within weeks, though it never came. The possibility of criminal accountability died with the last surviving implicated perpetrator, Hermanus Du Plessis, in May 2023. The re-opening of the inquest was announced by former Minister of Justice Ronald Lamola in January 2024.
To access detailed profiles of the Cradock Four and the record of the previous inquests and court application, please visit: https://unfinishedtrc.co.za/the-cradock-four/#243eriutrefds
In the re-opened inquest, and the prior court application to compel SAPS and the NPA to investigate and make a decision on the prosecution of the Cradock Four perpetrators, the families are supported by the Foundation for Human Rights and by legal firm Cliffe Dekker Hofmeyr which is acting pro bono as attorneys for the families.
For more information on the ‘Unfinished Business of the Truth and Reconciliation Commission’ programme that is run by the Foundation for Human Rights, consult our website at https://unfinishedtrc.co.za or contact Katarzyna Zdunczyk at kzdunczyk@fhr.org.za
- Media release issued by the Foundation for Human Rights
