Imam Haron Foundation
The Western Cape High Court has overturned a 1970 inquest ruling on the cause of death of anti-apartheid activist, Imam Abdullah Haron.
Judge Daniel Thulare on Monday set aside the findings of the then Magistrate Kuhn on the question of whether Imam Haron's death in detention was a result of an act or omission of anyone which amounted to a criminal offence.
Judge Thulare said his more than 100-page judgment differs from that of the Magistrate at the original inquest in respect of the cause of death and who should be held accountable.
He said the likely cause of Imam Haroon's death was the cumulative effect of injuries under torture, in particular a combination of severe systemic physiological stresses.
Thulare said this included "crush injury syndrome precipitated by complications of blunt soft tissue injury, with the possibility of a pre-existing coronary artery disease as a contributing factor".
In dealing with the original finding as to whether anyone could be held responsible, Judge Thulare said the apartheid-era Security Branch of the police should be held responsible for the acts and omissions leading directly to the death of Imam Haron.
He said the officers primarily responsible for brutally torturing the Imam to death were Lieutenant-Colonel Carel Pienaar who was the Officer in charge of the Security Branch in Cape from August 1969. He has since died.
Judge Thulare also laid the blame on Major Dirk Kotze Genis, who he said was in charge of the Imam’s investigation and who died in February 2003.
He also named several other officers involved in Imam Haron's death, all of whom have since died.
Judge Thulare said the conduct of Drs Viviers, Gosling, Kosseaw, and Schwar "deserve serious rebuke from the court and is referred to the South African Medical and Dental Council for its attention".
"The Registrar shall forthwith prepare the record of the proceedings and submit it to the Director of Public Prosecutions, Western Cape, without any undue delay," he ruled.
