- The KwaZulu-Natal High Court in Pietermaritzburg is expected to hear evidence on the death of renowned anti-apartheid activist and Nobel Peace Prize laureate Chief Albert Luthuli on Monday.
- At the same time, in another courtroom, the court is also set to hear evidence of events that led to the death of ANC stalwart and apartheid human rights lawyer Mlungisi Griffiths Mxenge.
- According to the National Prosecuting Authority in KwaZulu-Natal, the purpose of the inquests is to determine how the leaders died and if anyone should be held responsible for their deaths.
The KwaZulu-Natal High Court in Pietermaritzburg will begin the inquest into the death of renowned anti-apartheid activist and Nobel Peace Prize laureate
Chief Albert Luthuli on Monday.
In another courtroom in the same court, evidence will also be heard on the events that led to the death of ANC stalwart and prominent anti-apartheid human rights lawyer Mlungisi Griffiths Mxenge.
"Following the collaboration between the National Prosecuting Authority (NPA) KwaZulu-Natal (KZN) Truth and Reconciliation Commission (TRC) Unit and the NPA TRC Unit at the national office, the DPCI (Directorate for Priority Crime Investigation) and the National Archives, the NPA will be presenting evidence before the court in an attempt to have the initial findings into the deaths of Chief Luthuli and Mxenge overturned.
"The purpose of inquests is to determine how a person died and if anyone should be held responsible for their death. The prosecutors in KZN have provided regular updates to both the Luthuli and Mxenge families on the developments in these matters. We have employed this approach to all TRC matters," the NPA in KwaZulu-Natal said in a statement.
According to it, the provincial Director of Public Prosecutions, advocate Elaine Harrison, will reopen the inquests under Section 17A(1) of the Inquests Act 58 of 1959.
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In May 2024, News24 reported that then-Minister of Justice and Correctional Services Ronald Lamola said he had authorised the process after receiving recommendations from the NPA.
Born in 1898, Luthuli became a public figure in 1937 when he was appointed by the then-Department of Native Affairs as the chief of the Zulu in Groutville, now known as KwaDukuza.
In 1944, he became a member of the ANC and later, he became the
president-general of the same organisation.
"In showing resistance against apartheid legislation in force at the time, Albert Luthuli (Chief Luthuli), Nelson Mandela, and other leaders of the ANC organised various protests, including the defiance campaign of 1952," the NPA said.
Luthuli's actions were considered to be those of a terrorist by the government at the time, and as a result, his appointment as a chief was revoked.
The NPA further said: "After being stripped of his title, he was then placed under various banning orders which ultimately restricted his movements to Groutville, where he could not be in the company of more than one person at a time, except that of his immediate family members.
"Despite the revocation of his title by the then-government, he was still referred to as Chief Luthuli by local and international communities at large. In 1960, Chief Luthuli was awarded the prestigious Nobel Peace Prize. He continued to advocate for equal rights among all race groups within South Africa through various speeches and writings until his untimely death on 21 July 1967."
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According to the NPA, it was widely reported that he died soon after being struck by a goods train.
"An inquest was held on 19 September 1967 and was presided over by Magistrate CI Boswell. The court found that there was no evidence which disclosed any criminal culpability on the part of any of the employees of the
South African Railways or anyone else."
Luthuli died on 21 July 1967.
Mxenge was born on 27 February 1935.
The NPA said that on 29 March 1966, Mxenge was detained for 180 days, and the security police informed him that it was not their intention to charge him.
"They required him to give evidence against two people with whom he had contact, namely Mr Arenstein and Mr MD Naidoo. Mxenge refused to give evidence. He was then charged with furthering the interests of a banned organisation, namely the African National Congress (ANC), in contravention of Act 44 of 1950 (the Suppression of Communism Act)."
He was convicted on 9 February 1967 and sentenced to a two-year term of imprisonment on Robben Island."
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He was released on 8 February 1969 but put under various banning orders.
Mxenge managed to complete his LLB degree in the same year.
In 1970, he enrolled as an articled clerk at a law firm in Durban but upon completion of his articles, the then-government refused for Mxenge to be admitted as a practicing attorney based on his previous conviction and banning orders. It was only in 1974, after numerous applications to the then-Minister of Justice, that Mxenge was admitted as a practising attorney. In 1975, he opened his own legal practice in Durban. He represented members of the ANC, such as Joseph Mdluli, and members of other political formations.
"He was an active member of the
Release Mandela Committee and served as a member of Lawyers for Human Rights. Mxenge was a founding member of the South African Democratic Lawyers Association."
In November 1981, Mxenge was assassinated in Umlazi near Durban.
He had been stabbed 45 times, and his throat had been slit.
An inquest into Mxenge's death on 15 July 1982 failed to establish the identities of the perpetrators of his murder.
Their identities were revealed nine years after Mxenge's death through a confession drafted by Butana Almond Nofemela. In 1997, Nofemela, together with David Tshikalange and Dirk Coetzee, were found guilty of the murder of Mxenge. However, they were granted amnesty by the Truth and Reconciliation Commission before they could be sentenced by the High Court sitting in Durban.
The NPA said this resulted in the discontinuation of the trial proceedings.
KwaZulu-Natal ANC convener Jeff Radebe told the SABC on Sunday that the party welcomed the decision to hold the inquests.
Radebe said the ANC was happy that the truth would finally be revealed.
"In 1967, we learned that our president, General Chief Albert Luthuli, was killed in a goods train accident. Shortly before his murder, there was a decision that was taken by the then-commander-in-chief of uMkhonto weSizwe, the then-military wing of the ANC, president Oliver Tambo, together with the vice-president of ZAPU (Zimbabwe African People's Union), James Chikerema, that they're going to be getting into then-Rhodesia to fight their way to South Africa."
Radebe said that decision had led to the regime taking the decision to kill Luthuli, who he said played a critical role not only in uniting the ANC but all race groups in South Africa.