PRESS RELEASE
To: All Media
ATT: News Editors, Human Rights Reporters
For Immediate Release
1 August 2024
Murder of Nokuthula Simelane: Enquiry resumes on 31 July 2024 into Coetzee’s fitness to stand trial
The enquiry continues as Coetzee loses his application to access the state psychiatrist’s confidential notes
Press statement issued by the Foundation for Human Rights
The murder trial of the MK-operative Nokuthula Simelane, who disappeared at the hands of apartheid operatives in 1983, is yet to commence in the Gauteng High Court. On 30 July 2024 Judge Phahlane dismissed the application of one of the accused to access the state psychiatrist’s confidential notes – on the state’s assessment of his fitness to stand trial.
Nokuthula was a young student and an MK operative of the African National Congress when she was abducted, brutally tortured and forcibly disappeared at the hands of members of the Soweto Security Branch of the South African Police. Her family never saw her again; neither has her body been discovered.
There are two surviving implicated Security Branch operatives accused to stand trial: Willem Coetzee and Anton Pretorius. Two other accused, Msebenzi Radebe and Frederick Mong, died in 2019 and 2021, respectively, without standing trial.
The trial has been beset by numerous delays since the National Prosecuting Authority (NPA) indicted the four accused in 2016.
Coetzee’s legal representatives allege that he is unfit to stand trial. This precipitated the process under the Criminal Procedure Act for Coetzee’s observation and assessment by the state psychiatrist. The state’s report has been filed, and on the 24th of January 2024, the state psychiatrist gave evidence of her findings that Coetzee is fit to stand trial. It was during cross-examination of the state psychiatrist by Coetzee’s counsel, that her confidential assessment notes were first sought. This resulted in a further postponement of the hearing into Coetzee’s fitness to stand trial for Coetzee to bring a formal application to access these notes. The NPA opposed this application and on 30 July, the High Court dismissed Coetzee’s application.
With this issue resolved, the section 77 enquiry into Coetzee’s fitness to stand trial will finally resume on the 31st of July 2024.
The Simelane family is represented by Webber Wentzel Attorneys and supported by the Foundation for Human Rights.
For media queries | Foundation for Human Rights: Humairaa Mayet at hmayet@fhr.org.za / 073 373 4077