A new judicial inquest into the 1977 death of anti-apartheid activist Steve Biko began on the 48th anniversary of his death, with the activist's family saying they are confident the proceedings will lead to prosecutions.
Nkosinathi Biko, who was six when his father died, told the BBC after the first hearing at the High Court in Gqeberha that the family expected a democratic court in a democratic state to follow the facts and hold those responsible to account. "It's very clear in our minds as to what happened and how they killed Steve Biko," he said.
Steve Biko, the founder of the Black Consciousness Movement, died aged 30 after being arrested at a police roadblock and held in detention. Police at the time said he had sustained a brain injury by banging his head against a wall. After the end of apartheid in 1994, former officers admitted to assaulting him, but no one has been prosecuted for his death. The new inquest comes after decades of calls for accountability and follows a broader judicial inquiry announced by President Cyril Ramaphosa five months ago into allegations of political interference in the prosecution of apartheid-era crimes.
Court papers and testimony have alleged that Biko was tortured while in detention by five policemen and that he had been subject to a "banning order" at the time of his arrest that restricted his movements and activities. At the Truth and Reconciliation Commission (TRC) hearings in the 1990s, some officers linked to the case acknowledged making false statements about the circumstances of Biko's detention and death. The TRC, established in 1996 to uncover human rights abuses committed under apartheid, recommended prosecutions in a number of cases, but relatively few have proceeded to trial.
During Friday's hearing, the judge heard that two people connected to the case remain alive and are both now in their 80s. The inquest was adjourned until 12 November.
Biko's death provoked outrage in South Africa and internationally. He had been a medical student at the University of Natal when he founded the Black Consciousness Movement, which sought to empower and mobilise urban black South Africans and challenge the psychological effects of white-minority rule. His life and death were depicted in the 1987 film Cry Freedom, which brought wider attention to his role in the struggle against apartheid.
Nkosinathi Biko said addressing the violent past was essential to South Africa's democratic development and criticised the limited number of successful prosecutions stemming from the TRC's work. "Accountability for our violent, brutal past is something that has evaded South African society," he said, adding that families of victims had continued to pressure the state for justice.
Legal experts and human rights campaigners have long argued that delays in pursuing apartheid-era prosecutions have left many victims and their families without closure. The government's recent moves to re-examine stalled or unresolved cases, including the judicial inquiry announced by the presidency, have raised hopes among some families that long-awaited court action may proceed.
The inquest into Biko's death will examine evidence about the circumstances of his arrest, detention and medical treatment before he died. Observers said the process could set a precedent for how other unresolved apartheid-era cases are handled in South African courts. The next hearing is scheduled for 12 November.