Media Statement

Deputy Minister Nel highlights the re-opening of Apartheid Era Inquests

17 September 2025

On Tuesday, 16 September 2025, the Hon EM Ntshingila, MP (MKP) made the following Member’s Statement in the National Assembly:

“I rise on behalf of uMkhonto weSizwe Party, acknowledging that the death of Steve Bantu Biko in 1977 remains one of the most painful stains of apartheid brutality. The inquest held in 1978 confirmed that he died from injuries sustained after severe beatings while in police detention. The fact was never in dispute. What is absurd, however, was the magistrate’s finding that no one is responsible.  This was a blatant miscarriage of justice, a manipulation to shield apartheid perpetrators from accountability.

To now call for a second inquest is to risk deflection from the central issue. The truth is already on record. What remains is not another inquest, but for this Parliament to act, to honour Steve Bantu Biko’s memory by demanding justice, accountability and closure for his family and for the nation. The MK Party stands firmly for justice and will not allow history to be rewritten to protect the guilty.”

In response to the statement, the Deputy Minister of Justice and Constitutional Development, Mr Andries Nel, stated that the Minister of Justice and Constitutional Development, Minister Mmamoloko Kubayi, has, in terms of section 17A(1) read with sections 6(a) and 6(d) of the Inquests Act, 1959, directed that the inquest into the death of the late Stephen “Steve” Bantu Biko be re-opened.

Following this direction, the National Prosecuting Authority (NPA) enrolled the reopening of the inquest at the Gqeberha High Court on Friday, 12 September 2025.

Deputy Minister Nel highlighted, in his response to the National Assembly, that it was significant that the announcement was made on the day of the commemoration of the passing of Stephen Bantu Biko while he was in the custody of the apartheid security police.

Deputy Minister Nel also mentioned the reopening of a number of inquests into apartheid-era deaths.

These inquests include those of, amongst others, Mr Ahmed Essop Timol, Dr Neil Hudson Aggett, Dr Hoosen Mia Haffejee, Mr Ernest Moabi Dipale, Mr Abdullah Haron, the Cradock 4 (Matthew Goniwe, Fort Calata, Sparrow Mkhonto, and Sicelo Mlauli), Mr Griffiths Mxenge, Chief Albert Luthuli, the PEBCO Three (Messrs Sipho Samuel Hashe, Qaqawuli Godolozi and Twasile Champion Galela), Mr Booi Mantyi, Mr Moss Morudu, Mr Boykie Thlapi, Highgate Hotel (Messrs Stanley Hacking, Douglas William Gates, Royce Michael Wheeler, Deon Wayne Harris and Deric John Whitfield), the Northcrest Five (Messrs Mzwandile Mfeya, Sandiso Yeso, Samora Mpendulo, Sadat Mpendulo and Thando Mthembu), Mr Matthews Mabelane, Mr Zama Sokhulu Mlobeli, Mr Mtunsi Vlemeseni Njakazi and Mr Oupa Ronald Madondo.

In addition to the response given by Deputy Minister Nel yesterday, it is also important to provide updates on similar matters which are in the public interest.

Mr Wesley Madonsela was convicted on 8 October 2023 for the murder of the 17-year-old Siphele Mxolisi Nxumalo, a UDF supporter who was shot dead on 2 February 1989. Mr Madonsela was a member of the Chesterville A Team when the incident occurred. On 9 November 2023, 53-year-old Madonsela was sentenced to ten years imprisonment. He is currently appealing the conviction.

On 10 July 2025, 66-year-old Mr Johan Marais was sentenced to 15 years imprisonment for the murder of anti-apartheid activist and member of the Congress of South African Students (COSAS), Mr Caiphus Nyoka, who was shot dead in 1987 in Daveyton. The trial was separated from his three co-accused. Evidence has been led and both the State and the defence have closed their cases. Judgment is expected on 2 December 2025.

A significant ruling was made in the case of the COSAS Four (Eustice Madikela, Peter Matabane (Ntshingo Mataboge), Fanyana Nhlapo and Zandisile Musi). The matter is currently enrolled at the South Gauteng High Court. Earlier this year the Court ruled that there was no bar to the charging of the accused persons for the offence of crimes against humanity, which was challenged after the State instituted it as one of the charges in the matter of S v Mfalapitsa and Rorich. The accused have petitioned the Supreme Court of Appeal with a view to appeal the decision.

The following criminal cases have also been enrolled:

• S v Coetzee and another (stemming from the matter of Ms N Simelane)
• S v Engelbrecht and others (stemming from the Nyoka matter)
• S v Botha and others (stemming from the death of Ms N Kubheka)
• S v Botha and others (stemming from the death of Mr S Phewa)
• S v Schoon and others (stemming from the death of Mr Mngomezulu)

“The reopening of inquests of apartheid era deaths is extremely important as a way of establishing the truth and bringing these cases to justice,” said Deputy Minister Nel.

The Deputy Minister also highlighted the establishment of the Khampepe Commission of Inquiry by President Ramaphosa to inquire into allegations of interference with the prosecution of Truth and Reconciliation Commission cases.

“All these measures reaffirm government’s commitment to upholding the rule of law, promoting accountability, and pursuing justice for families affected by deaths that still demand clarity and resolution,” said Deputy Minister Nel.

Media enquiries: Kgalalelo Masibi, Chief Director: Communication Management – 065 747 0323

ISSUED BY THE MINISTRY OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT OF THE REPUBLIC OF SOUTH AFRICA