The judge questioned the timing of the application and stressed the importance of getting on with the inquest.
The reopened inquest into the death of anti‑apartheid activist Steve Biko has been thrown into uncertainty, with his son, Nkosinathi Biko, voicing deep concern over delays, restricted witness lists and the readiness of the proceedings.
Nearly five decades after Biko’s death in police custody, the question of accountability returned to the courts as the reopened inquest resumed at the Gqeberha High Court on Monday, 24 August 2026.
However, KwaZulu-Natal Deputy Judge President Judge Isaac Madondo, sitting in the Eastern Cape High Court in Gqeberha, dismissed the Biko family’s application to postpone the inquest into his death, ruling that proceedings would continue on Thursday, 27 August 2026.
He questioned the timing of the application and stressed the importance of getting on with the inquest while witnesses who can still give evidence are available.
Only two of the eight witnesses to the events surrounding Biko’s death are still alive and available to testify, Madondo noted.
He warned that even if the witnesses remained alive following another postponement, their memories could “fade” by the time they eventually testified and that an inquest without witnesses would be “purposeless,” as oral evidence was central to such an inquiry.
The first witness is expected to take the stand on Thursday.
Biko’s son, Nkosinathi, says the family has faced repeated challenges in securing legal representation and funding, despite lawyers having previously taken on the matter pro bono.
Tembeka Ngcukaitobi SC, who had represented the Biko family pro bono, was appointed as an acting judge of the Constitutional Court.
Biko said the family was troubled by the way the matter was being handled.
“The state readiness of this matter is very questionable,” he stressed.
“Even paperwork, including translations from Afrikaans, is still underway. What’s interesting is that none of the parties objected, because they are in a similar position.
“Effectively, even after the judge denied that, there was a tested delay of this case. That’s why yesterday, there were no witnesses called, he told eNCA.
Biko warned that critical witnesses were being excluded from testifying.
“We are extremely concerned. The witnesses that need to come to this court to assist include people such as Craig Williamson and others. When you deal with an inquest into murder, you’ve got to cover issues such as motive. Yet the judge has redacted the list of witnesses we can present here.”
Biko acknowledged the challenge posed by the witnesses’ age but insisted that justice must not be compromised.
“We did not cause these witnesses to age. We have an opportunity for the first time to have a proper inquest at this age, because these matters were delayed. The worst thing that can happen through a democratic court is to absolve those responsible on the basis of technicalities. We are willing to take that risk.”
On whether the family would seek the Madondo’s recusal, Biko was unequivocal.
“We are beholden to the court, not to this particular judicial officer. I am very concerned about the matter before this officer. He must be recused. I really believe that would be proper.”
Biko said the family’s hope was that the inquest would finally cure the failures of the 1977 inquest and the 1997 Truth and Reconciliation Commission.
“We really have an obligation to cure the ills of the past through this process. The challenge is to ensure it is properly constituted, so that justice is not delayed or denied.”
Biko, founder of the Black Consciousness Movement, died in September 1977 after being tortured while detained by apartheid Security Branch police. The original inquest controversially concluded that no one was responsible for his death.
The reopened inquest is expected to revisit the circumstances of Biko’s detention, interrogation, and fatal injuries, with testimony and evidence aimed at establishing responsibility for his death.
