The long-awaited inquest into the death of Black Consciousness Movement founder Steve Biko was formally reopened today, exactly 48 years after the anti-apartheid activist died in police custody.
Judge Buyiswa Majiki heard that two persons of interest in the 1977 death remains alive, both now in their 80s, as the National Prosecuting Authority (NPA) moves forward with the case in the High Court of Gqeberha.
Captain Daniel Petrus Siebert and Captain Jacobus Benecke have been named as the only two surviving persons of interest.
The symbolic timing of today’s proceedings was intentionally chosen to mark the anniversary of Biko’s death on September 12, 1977, when he died after 24 days of alleged torture by the apartheid regime’s notorious Special Branch.
The cause of Biko’s death was recorded as extensive brain injury caused by centralisation of blood circulation and intravascular blood coagulation, acute kidney failure and uremia
Nkosinathi Biko, Steve Biko’s son, attended court alongside his cousin Patricia Maqina, emphasising that age should not shield individuals from accountability.
“The two accused I believe are in their 80s. My mother is in her 80s, she was the one to walk this path in 1977. She was 31,” Nkosinathi said outside court. “There are consequences to our actions, whether we are 10 or 80. They arrested a healthy man who died of a massive brain haemorrhage.”
He noted that the persons of interest had previously been denied amnesty by the Truth and Reconciliation Commission in 1997 for failing to provide full disclosure about their role in his father’s death.
“They had an opportunity in 1997 at the Truth and Reconciliation Commission. This could have been done in a manner that could have resulted in them receiving amnesty, so I guess the ball is in their court,” he said.
He emphasised the constitutional principles at stake: “It is the constitutional right of every citizen in our constitution, the highest rights protected is the right to life. There should be no circumstance where we lose life without those who are responsible held accountable. “
While court proceedings unfolded, the Biko family held commemorative services at Steve Biko’s gravesite, with community members joining to mark the 48th anniversary of his death.
Decades-Long Quest for Justice
The reopening of the inquest follows approval from the Minister of Justice and Constitutional Development, supported by the Biko family’s legal representatives. Advocate Thembeka Ngcukayithobi, representing the family, confirmed that the significant date was chosen by agreement between the state and the family.
The prosecutor informed the court that notices were sent to the two surviving persons of interest on 30 June, alerting them to the NPA’s intention to reopen the case.
“The 12 September is a significant date chosen because it was the day Mr Biko was killed ,” the court heard. “There has been a delay in the inquest, it should have been done after the TRC.”
Five former Special Branch officers previously applied for TRC amnesty, claiming Biko injured himself during a scuffle. The TRC denied their applications, finding their evidence contradictory.
The reopened inquest aims to determine whether Biko’s death resulted from any act or omission that constitutes an offense, potentially opening the door for criminal prosecution of the surviving suspects.
The case returns to court on 12 November.
