The mother of Boikie Tlhapi, an anti-apartheid community activist who went missing in 1986, says she is relieved that the North West High Court has been ordered to examine her son’s case.
This comes after the Minister of Justice and Constitutional Development, Mmamoloko Kubayi, requested that the Judge President of the North West High Court appoint a judge to preside over Tlhapi’s reopened inquest.
Tlhapi left his home in Ikageng, outside Potchefstroom, at the age of 26 to attend a night vigil for three comrades killed by police during an uprising in Klerksdorp.
Investigations revealed Tlhapi and 14 others were arrested while travelling to Klerksdorp during the apartheid government’s state of emergency.
Tlhapi’s mother, Makgomo Tlhapi, said: “I wish to bury my son’s remains. My husband died before he had the opportunity. I am sure he [husband] is fighting beyond that, but at least I will be able to bury my son. He needs a grave.”
According to the findings, all of Tlhapi’s fellow detainees were released after about 14 days.
Tlhapi has not been seen since, 38 years later.
A report on the human rights violation committee stated that Tlhapi and the others were allegedly subjected to beatings and electric shock torture.
One of those arrested later told Tlhapi’s father, Barileng Tlhapi, that he had last seen “Boikie” lying on the floor of a cell, bleeding from the mouth and nose.
The report further states that the police later conceded that Tlhapi had been arrested but claimed he had been released.
The report stated that despite extensive investigations by, among others, the Independent Board of Inquiry and Lawyers for Human Rights, as well as an inquest hearing, the fate of
Tlhapi remains unknown.
None of the police officers involved in his arrest and detention applied for amnesty.
Tlhapi’s brother, Tefo Tlhapi, said: “We have been waiting for 38 years now; we have healed but we want justice to prevail. We hear that he was tortured, killed, and dumped in an
unused mine,” he said.
He said through the Foundation for Human Rights and pro bono attorneys, the family saw light at the end of the tunnel.
“We thank them. They are still with us, helping us, taking this matter forward,” he said.
His sister Ntswaki Magau said the family had not known Tlhapi was in politics until the day they learnt he was arrested.
She said if her brother were still alive, he could have been one of the leading politicians.
“He could have been one of the ministers in offices that deal with human rights,” she said.
Some of the police officers who might have been involved in Tlhapi’s disappearance have since died. “But there are four of them who are still alive. They must tell the truth. They must pay for what they did,” Tlhapi’s other brother, Lally Tlhapi said.
Tlhapi’s name lives on despite his disappearance; the provincial government opened a clinic in Ikageng under his name.
National Prosecuting Authority (NPA) regional spokesperson Sivenathi Ngunya said they welcomed the request to reopen the death inquest.
“All the relevant role players, together with the family of Tlhapi, had been informed. Dr Rachel Makhari, the director of public prosecutions in North West, said the NPA stands united and committed to ensuring that justice is served,” he said.
The family said they would be seeking constitutional damages for political interference and suppression of the case.
