By Lehlohonolo Lehana.
The Pietermaritzburg High Court has ruled that former African National Congress (ANC) president and Nobel Peace prize winner Inkosi Albert Luthuli was murdered.
Luthuli died on July 21, 1967, and it was widely reported at the time that he died soon after being struck by a goods train.
However for more than five decades, the family sought to prove that his death was no accident as claimed by a 1967 inquest ruling, which had concluded that Luthuli died after being struck by a goods train.
Pietermaritzburg High Court Judge, Judge Nompumelelo Hadebe, handed down the ruling on Thursday.
“ The finding and the ruling of the magistrate to Mr C.I. Boswell, dated 19 September 1967 at the Stanger Magistrate’s Court under inquest number 76 of 1967, is set aside.”
She said Luthuli’s injuries point to death by assault.
“ The deceased died as a result of a fractured skull, cerebral haemorrhage, concussion of the brain associated with an assault.
“As to whether the death was brought about by any act or omission, the death is attributable to cumulative acts and omissions, assault by members of the security special branch of the South African police acting in concert and in common purpose with employees of the South African Railway Company.”
Luthuli was awarded the Nobel Peace Prize in 1961 for his leadership of the anti-apartheid movement and faced repeated banning orders and arrests. He led the ANC from 1952 to his murder in 1967.
The family spokesperson Sandile Luthuli said this was the first step towards finally getting justice.
“More than that, [the judgment] ascribes liability to certain persons who, through their acts and or omissions, became complicit in the cover-up of the death of Chief Albert Luthuli,” Luthuli said.
Justice Minister Mmamoloko Kubayi has welcomed the court’s decision, saying that it demonstrated the government’s continued commitment to uncovering the truth and ensuring that justice was served, even in matters that dated back decades.
“The courage and persistence of families who have pursued these cases, together with the dedication of institutions like the NPA, deserve our utmost respect,” said Kubayi.
The court has recommended that the Director of Public Prosecutions investigate the kidnapping or forced disappearance of witnesses in the case.
ANC national spokesperson Mahlengi Bhengu also welcomed the court’s decision, which she said corrected a long-standing distortion of history.
“This ruling brings justice, truth and dignity to the memory of one of South Africa’s greatest sons and to all those who suffered under apartheid brutality.
“This judgment reaffirms what the ANC, the liberation movement, and the oppressed people of South Africa have always known: that Chief Luthuli was a victim of state-sanctioned murder. It is a moral victory not only for his family, but for all martyrs of our struggle whose lives were cut short by the cruelty of apartheid, “Bhengu said.
Earlier this year, President Cyril Ramaphosa announced he was in the process of establishing a commission of inquiry to look into allegations of improper influence in delaying or hindering the investigation and prosecution of apartheid-era crimes that had persisted from previous administrations.