Minister Mmamoloko Kubayi directs that inquest into death of Steve Biko be re-opened

Re-opened inquest into the death of Mr Stephen Bantu Biko

The Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has, in terms of section 17A(1) read with sections 6(a) and 6(d) of the Inquests Act, Act 58 of 1959, directed that the inquest into the death of the late Stephen “Steve” Bantu Biko be re-opened.

The NPA will, later today, Friday, 12 September, enroll the reopening of the inquest at the Gqeberha High Court.

Steve Biko was a highly respected anti-apartheid activist and co-founder of the South African Students’ Organisation, where he played a pivotal role in advancing the Black Consciousness Movement. In 1972, he also contributed to the establishment of the Black People’s Convention.

Due to his commitment to justice and equality, Biko faced several arrests under the apartheid regime. On 12 September 1977, he tragically passed away from injuries sustained while in police custody.

The National Director of Public Prosecutions (NDPP), Adv Shamila Batohi, submitted a formal request for the re-opening of the inquest.

The first inquest into Stephen Biko’s death in 1977 concluded that he died from injuries sustained during a supposed scuffle with Security Branch officers, with no criminal responsibility assigned.

Widely criticized as superficial and compromised by police cover-ups and judicial indifference, the inquest failed to deliver justice.

Calls for a full judicial inquiry went unheeded, and the Eastern Cape Attorney General declined to prosecute anyone, a situation later examined during the Truth and Reconciliation Commission and subsequent investigations.

Having given the request careful consideration, Minister Kubayi has deemed it in the interest of the efficient administration of justice that the inquest be re-opened.
Accordingly, Minister Kubayi has requested the Judge President of the Eastern Cape Division of the High Court to designate a judge to preside over the re-opened inquest, which will be held at the Eastern Cape High Court in Gqeberha.

This decision reaffirms 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.

It is also significant that this announcement is being made on the day we commemorate the passing of Steve Biko.

Media enquiries: 
Terrence Manase, Spokesperson to the Minister 
Cell: 082 338 6707

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