Judge lays down the law before postponing Timol case

The case against apartheid era Security Branch sergeant Joao Rodriguez – implicated in the death of anti-apartheid activist Ahmed Timol – finally began in the South Gauteng High Court yesterday.

High Court Justice Ramarumo Monama took the Ahmed Timol case firmly in hand, insisting all applications should be in this week before the court reconvened next week Monday, 22 October.

It is believed the defence, led by advocate Jaap Cilliers, may apply for a permanent stay of prosecution, possibly based on Rodriguez’ ill-health and advanced age.

Cilliers will have to present a compelling argument on behalf of Rodriguez.

In 1997, the Constitutional Court found in Sanderson v Attorney-General, Eastern Cape (CCT10/97), that such a remedy would be radical.

“It is appropriate at this juncture to make some brief observations about the remedy sought by the appellant,” wrote Justice Johann Kriegler.

“Even if the evidence he had placed before the Court had been more damning, the relief the appellant seeks is radical, both philosophically and socio-politically. Barring the prosecution before the trial begins – and consequently without any opportunity to ascertain the real effect of the delay on the outcome of the case – is far-reaching.

“Indeed, it prevents the prosecution from presenting society’s complaint against an alleged transgressor of society’s rules of conduct. That will seldom be warranted in the absence of significant prejudice to the accused,” Kriegler said.

“I want to make it clear, whatever the applicant intends to bring, must be exhaustive,” Monama said, emphasising his determination by stabbing his finger towards his bench.

“The reason why I’m saying this, is there are matters where delay becomes very obvious.”

Monama spoke of a matter which had been in trial for four years because it had gone to Constitutional Court and when it returned to the High Court, the legal team was fired.

“A new team was brought in, which again raised another ground for the stay of application. So that makes it clear that was about delay tactics. What I want to be understood in this matter that application must include all the grounds the applicant is relying on in order to avoid anything of the nature that I described here,” said Monama.

“So it must be exhaustive,” he repeated.

“I’m not going to allow piecemeal delaying tactics to delay the commencement of this trial.”

Timol’s nephew Imtiaz Cajee welcomed Monamo’s handling of the case.

“Ironically, it was on 22 October in 1971 my uncle was actually detained,” said Cajee.

It has been one year and three days after the North Gauteng High Court found those implicated should be prosecuted.

“So we are hoping and praying these legal delays from Rodriguez’ defence team comes to an end and that court proceedings finally commences,” said Cajee, and added the delays had been frustrating.

“As every day passes on, Rodriguez is already 79 years old and we cannot forget a year has passed since Judge Billy Mothle made his ruling and we’re still waiting for court to commence. Yes, we’ve made progress, but we pray proceedings can be escalated and we want to hear on what grounds [Rodriguez] wants a permanent stay of prosecution.”

It was claimed by the police 41 years ago Timol had committed suicide by jumping through a window from the 10th floor of the then John Vorster Square police station, now Johannesburg Central.

Timol was the 22nd political detainee to die in police custody, and the first of eight at John Vorster Square.

For more news your way, download The Citizen’s app for iOS and Android.