Human Rights Violation Hearings — Johannesburg — 1996-04-30

DR RANDERA: Mohammed thank you very much. I know how
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difficult this must be for you.  I would also just like to state that at the time of your brother's death you were arrested yourself.  The Minister refused permission for you to attend, although I understand you had got to know about your brother's death but refused to give you permission to attend the funeral, and that after your release from prison that you were in fact served with a five year house arrest.  You subsequently also left the country, and we are proud that you have come back to this country.  Thank you.  I want to hand over to my Commissioners.

CHAIRPERSON: Thank you very much.  Any questions?  Yasmin Sooka.

YASMINE SOOKA: I just want to know who was the lawyer who represented your family at the inquest?

MR H TIMOL: A prominent Advocate by the name of Issy Maisels who is today late represented the family and he was assisted by another prominent Advocate George Bizos.  The feeling of the community at that point was that money is not an issue we need to get the best legal brains in this country in order to uncover the facts, the circumstances of Ahmed's death.  It was also felt that Bubla, who was killed a few years earlier, that the security police got away scot free and the popular feeling of the family and the community and friends was that we should not allow the security police and the regime to get away with murder.

YASMINE SOOKA: I note that from your mother's statement that an independent pathologist was appointed and from her story when the body was bathed that it was quite clear that he had been tortured.  I know that it is harrowing for her but if you could just let us have some of the details of the pathology report.
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MR H TIMOL: As indicated by the Commissioner I was detained at that particular time as well so therefore I was not allowed to attend the funeral, Ahmed's funeral, but I attended the inquest which took place from April to June 1972.  The pathologist, the independent pathologist who was an observer at the post mortem was a prominent South African by the name of Jonathan Gluckman who performed many a post mortem of detainees who had died in detention.  Gluckman's contention and argument during the inquest was that there were bruises and torture marks on Ahmed's body and he could have only sustained that during the period of detention.  But the district surgeon representing the State argued that those bruises could not have happened prior to his detention.  He actually argued that it took place before detention and not during detention.  The inquest findings was that there were bruises on his body but it actually took place - he must have been involved in a brawl before he got detained.  That was the inquest magistrate's finding.

YASMINE SOOKA: Thank you.

MS MKHIZE: Thank you very much.  As I was listening I have been deeply touched by all what you have shared about, but also I have heard, and the Commission have heard that you would like asupport network and that we were never destitute during the difficult period that we experienced.  But I would believe that in the South African struggle there have been families who lost loved ones and actually became very destitute and if those families ask for reparations in the form of financial assistance from the State I think I can go along with that.
 But as a family I believe that what we would like to have, and I am sure many, many South Africans would like to have, is that their loved ones should never, ever be forgotten, and the only way that one could bring this about is through some sort of - something in their memory and we believe that in Ahmed's case, the fact that he was a schoolteacher that a school in his name would be appropriate.  
 But here again at the end of the day I believe that South Africans in future generations should never, ever forget those that were killed in the name of apartheid and we should always remember those people for ever and ever.

CHAIRPERSON: Mrs Timol and your sons we are all very deeply touched with the story that we have heard of the suffering of your family which is repeated in the sufferings of other families.
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 We thank you very much for coming to share with us and helping us as a nation to cry over things that happened in our nation.  We hope that you too will, as your son said, have a pride in the fact that though he died so painfully it was not in vain.  I am sure that your son and others will be aware that often and often in the rallies that were held in different parts of our country often you had as it were a roll of honour and our young people got to know names and perhaps know the story a little bit.  It is a great privilege for all of us to be hearing from yourselves.  
 We do hope that we can perhaps take your recommendations about memorialising your brother, your son and all of course we can do is recommend as well to appropriate people that this would be a fitting memorial to a stalwart.  
 Thank you very much.