The SALC, which will be represented by Lawyers for Human Rights, is not party to the Rodrigues matter, but they have as a centre applied to weigh in legally as ‘amicus curiae’. The SALC says the case is “important in ensuring proper prosecution for crimes committed during apartheid and that justice is achieved for the families affected”. OFM News’ Olebogeng Motse reports on the submissions that will be made by the centre before the SCA’s full bench. 

The SALC will argue that Timol’s murder in 1971 amounts to at least three categories of crimes against humanity and the lapse of time before prosecution cannot violate a right to a fair trial. This is in response to Rodrigues’ assertion that he should benefit from an amnesty granted at the highest level of government that politically motivated crimes preceding 1994 would not be prosecuted. The state has maintained that Rodrigues should rather focus on clearing his name when he faces a trial.

Timol, who was a 29-year-old activist fell from the 10th floor of the John Vorster Square in Johannesburg on 27 October 1971. An inquest looking into the matter was opened in 1972, finding that the political activist had committed suicide. The 29-year-old’s family disputed the findings of the inquest, resulting in it being reopened in 2017.

The South Gauteng High Court in Johannesburg ruled the deceased did not commit suicide as was alleged, but was - from evidence presented - pushed from the 10th floor of the police building, where he was detained and allegedly tortured. Rodrigues, who is a retired Security Branch clerk, was the last person to see Timol alive and the court recommended that the policeman’s role in the incident should be probed further. In 2018, the state charged Rodrigues with the 29-year-old activist’s murder.

OFM News