TRC Final Report

Volume 3

Chapter 5

Subsection 13

Deaths in detention

81 Of the twenty-nine recorded deaths in detention during the 1970s across the country, three occurred in the western Cape. All three were described by police as suicides. In July 1977, Mr Phakamile Mabija [CT00635; CT00135] died in detention in Kimberley’s Transvaal Road police station. A high-profile activist, Mr Elijah Loza [CT00257], died in Tygerberg hospital some three weeks later after sixty five days in detention.

The death in detention of Luke Mazwembe

Western Province Workers’ Advice Bureau employee Luke Mazwembe (32) died in the Caledon Square police headquarters in Cape Town. His death was officially described as “suicide by hanging”. He was arrested on 2 September 1976 at 06h00 and was found dead at 07h40 in the corner of a police cell, hanging from the ceiling by a noose made of strips of blanket tied together with pieces of twine. A razor blade had been used to cut the blanket into strips and to cut the twine. The police were unable to explain how the razor blade and twine had got into the cell.

At the inquest the police asserted that they had not assaulted Mazwembe. The state pathologist said that Mazwembe had several wounds to his body, including neck abrasions, swelling and bruising of his right cheekbone, slight swelling of the lower scrotum, several abrasions over both shoulder blades and abrasions on the left ankle. Under cross-examination, he stated that he could not exclude the possibility that Mazwembe had been killed and then hanged to fake a suicide: the neck wounds were compatible with either explanation. The magistrate ruled that Mazwembe was neither tortured nor assaulted by the police, and assumed that the twine and razor blade had been accidentally left in the cell by an unknown person.⁶

The death in detention of Phakamile Mabija

Anglican Church warden and youth worker Phakamile Mabija (27) [CT04513, CT00635, CT00135] died on 7 July 1977 after ten days in detention in the Transvaal Road Police Station in Kimberley. According to the police, the detainee committed suicide. At the inquest, Sergeant Oscar Ntsiko said that he was escorting Mr Mabija from the toilet when he suddenly broke loose and ran into an office. He rushed after him, only to see him crash through the window. An independent pathologist said Mabija had cuts on his face and hands which could have been caused by clutching glass, and lacerations of the liver that could have been caused by assault. The inquest verdict was that Mabija died of multiple injuries following a jump from a sixth floor window. Nobody was found responsible for the death. The Commission notes that cases of torture took place in the same police station during that period, by a similar group of perpetrators.

The death in detention of Elijah Loza

Elijah Loza (59) [CT 00257] died on 1 August 1977 in Tygerberg hospital while still in custody after sixty-five days in detention. His death was officially found to be due to natural causes after a stroke. His family alleges he died as a result of torture. Numerous statements confirm that Mr Loza was tortured during his 1963 detention. The Commission finds that he was again tortured during his 1977 detention and that this directly or indirectly led to his death.

IN THE CONTEXT OF THE TORTURE DESCRIBED EARLIER, THE COMMISSION FINDS THAT IT IS HIGHLY LIKELY THAT THOSE WHO DIED IN CUSTODY EXPERIENCED TORTURE AND THAT THEIR DEATHS WERE A DIRECT OR INDIRECT RESULT OF SUCH TORTURE. FOR THESE GROSS VIOLATIONS, THE SOUTH AFRICAN POLICE IS HELD ACCOUNTABLE.