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Faizel Patel – 06/11/2020
The Supreme Court of Appeal has heard that the rights of former Security Branch officer Joao Rodrigues charged with the murder of anti-Apartheid stalwart Ahmed Timol in terms of section 35/3 of the constitution cannot be infringed and that it outweighs the rights of the public and apartheid era victims at large.
The court on Friday reserved judgment in the permanent stay of prosecution by Rodrigues against the National Director of Public Prosecutions.
Rodrigues is seeking leave to appeal an order made by the High Court in Johannesburg last year, dismissing his permanent stay of prosecution.
Seventy-nine-year-old Rodrigues is charged with Timol’s murder following an inquiry in 2017 where the High Court in Pretoria ruled that the apartheid struggle stalwart did not commit suicide but was rather pushed to his death, while in police detention at the than John Vorster Square in Johannesburg back in 1971.
Speaking to 702, Timol’s nephew Ahmed Cajee says Rodrigues lawyer Jaap Cilliers argued that his client would not get a fair trial.
“He argued that that there must be no charges pursued against him and the criminal charges against him must be turned down. In essence that was the most critical aspect that emerged from todays court proceeding.”
Cajee says it has been a long and emotional journey for him and his family.
“As a family they’ve repressed their memories and I think this is what many, many families had done. Simply shutdown those painful memories, repressed those memories and just continue mourning in silence. This is what triggered me when I heard my grandmother testifying in 1996. I wanted to do something about this; I wanted to know more about my uncle.”
Cajee says his uncle’s case symbolises and represents the struggle of all activists throughout the country.
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