Ambassador Mbulelo Rakwena and Advocate Tembeka Ngcukaitobi
However, despite overwhelming evidence of state-sanctioned brutality, the inquest into his death resulted in no criminal charges against the police officers responsible.
The 14th annual Steve Biko Institutional Public Lecture at Nelson Mandela University last night (12 September 2024) commemorated Biko's contributions to the liberation struggle and examined the deep-rooted issues that allowed such injustices to persist.
The lecture, hosted by the University’s Centre for the Advancement of Non-Racialism and Democracy (CANRAD) in collaboration with the Azanian People’s Organisation (AZAPO) and Biko family, featured a powerful keynote address by renowned human rights lawyer and legal scholar, Advocate Tembeka Ngcukaitobi, and a thought-provoking response from diplomat Ambassador Mbulelo Rakwena.
The lecture’s discussions centred on the complicity of South Africa’s legal system during the inquiry into Steve Biko's death in 1977, and the implications for justice in present-day South Africa.
In his keynote address, Adv Ngcukaitobi did not shy away from addressing the harsh realities of the legal system’s role in enabling apartheid-era abuses. A prominent advocate for constitutional rights and social justice, he highlighted the failure of the South African legal system during the inquest into Biko’s death.
Adv Ngcukaitobi began by acknowledging the significance of the lecture as a platform to reflect on South Africa’s painful history and Biko’s enduring legacy. He pointed out that the 1978 inquest into Biko’s death was emblematic of a legal system that prioritised the protection of the apartheid state over the lives of black South Africans.
“The legal system was not a passive participant but an active enabler of injustice,” he said. He went on to explain how apartheid laws and judicial structures were deliberately designed to maintain white supremacy, often disregarding human rights in favour of state security.
Adv Ngcukaitobi then dissected the inquest itself, which, despite presenting compelling evidence of Biko’s brutal treatment in police custody, concluded with no criminal prosecution for the officers involved. He argued that the legal proceedings were a “charade” designed to offer the appearance of due process while shielding the state from accountability.
“The outcome of the inquest was a foregone conclusion. It was a system that spoke justice but practiced the opposite,” he said. He also highlighted how the failure to hold anyone accountable for Biko’s death signified the broader moral decay within the judiciary, which, during apartheid, operated to maintain the racist regime rather than uphold the law in the service of justice.
Adv Ngcukaitobi also addressed the issue of the post-apartheid Truth and Reconciliation Commission (TRC), which many had hoped would bring closure to the families of victims of apartheid-era human rights atrocities, like Biko. However, he said that while the TRC achieved some success in uncovering the truth, it fell short in delivering meaningful justice.
“We got truth, but we didn’t get justice,” he said, emphasising the need for accountability to accompany reconciliation.
In his response to Ngcukaitobi’s address, Ambassador Rakwena extended the conversation to present-day South Africa, urging the country to confront the lingering legacies of apartheid that continue to shape the legal system and broader society.
Rakwena praised Ngcukaitobi’s analysis of the Biko inquest but reminded the audience that while Biko’s death was an extreme example, it was not unique.
“The complicity of the legal system was widespread, and its effects are still with us today,” he said.
Rakwena emphasised that the struggles of apartheid-era South Africa did not end with the legal and political transitions of the 1990s. He pointed to the ongoing structural inequalities and the persistent racial injustices that still define much of South African life.
“We must ask ourselves, in what ways does our current legal system continue to fail the marginalised?” he challenged.
Drawing a connection between the apartheid-era legal system and today’s judiciary, Rakwena questioned whether South Africa had sufficiently transformed its institutions to reflect the values of equality and justice. He argued that while the country had achieved significant legal reforms, the economic and social inequalities that were entrenched by apartheid still persisted.
“Until we address the material conditions that continue to oppress the majority of our people, we cannot claim to have achieved the justice Biko fought for,” he said.
Adv Ngcukaitobi and Amb. Rakwena reflected on the responsibilities of the legal profession in addressing contemporary injustices. Adv Ngcukaitobi urged young lawyers and activists to take up the mantle of Biko’s struggle for Black Consciousness and justice. He encouraged them to use the law not only as a tool for defending the constitution but also as an instrument of social change.
Adv Ngcukaitobi called for more bold and transformative legal challenges to address the systemic racism and inequality that continue to pervade South African society.
“The law must be more than just a shield; it must also be a sword in the fight against injustice,” he said.
Rakwena echoed this sentiment, emphasising that lawyers, judges, and policymakers must remain vigilant in safeguarding human rights, especially in a country like South Africa, where the scars of its past remain visible in its institutions.
During the Q&A session, audience members brought up several thought-provoking questions, with many asking about practical steps that could be taken to ensure that the legal system becomes more responsive to the needs of the marginalised in the country.
In his welcome note, Acting Vice-Chancellor Luthando Jack, described Biko as a “colossus and an African intellectual who [was] a formidable force that identified their mission, pursued it and never betrayed it”.
“As Mandela University, we are proud to be associated with his name in this way – as part of an endeavour to institutionalise his ideas, imbibe and ensure that his teachings ceaselessly pervade the public consciousness and social imaginary,” he said.