GQEBERHA, Tuesday 25 August 2026 — A funding dispute that delayed substantive hearings in the reopened inquest into the death of anti-apartheid activist Steve Biko has been resolved, clearing the way for the Gqeberha High Court to begin hearing evidence nearly five decades after his death in police custody.
The Department of Justice and Constitutional Development has agreed to cover the legal costs of Biko’s widow, Nontsikelelo Biko, who is expected to testify during the proceedings.
The issue delayed the scheduled start of evidence on Monday after Legal Aid South Africa indicated that Biko’s widow did not qualify for legal aid and that it did not have the budget to fund her representation.
The High Court questioned whether the funding criteria were appropriate in the circumstances, given the historical significance of the proceedings. The court was subsequently informed that the Justice Department would cover the costs.
With the dispute resolved, the first witness is expected to take the stand on Tuesday.
Biko’s son, Nkosinathi Biko, said the family now wants the proceedings to focus on establishing the facts surrounding his father’s death. The family had criticised the funding dispute, arguing that the issue should have been resolved before the hearings began.
Stephen Bantu Biko, founder and leader of the Black Consciousness Movement, was arrested near what is now Makhanda in August 1977 and subsequently detained by apartheid-era security police.
He sustained severe injuries while in custody and died on 12 September 1977, aged 30, after being transported from Gqeberha to Pretoria.
An inquest held in 1977 accepted the version of Special Branch officers that Biko sustained his injuries during a scuffle. No one was prosecuted for his death.
Former Special Branch officers later sought amnesty before the Truth and Reconciliation Commission. The National Prosecuting Authority said their applications were refused after contradictory evidence was presented and no political motive was established.
The NPA announced the reopening of the inquest in September 2025 after the Minister of Justice and Constitutional Development approved a request from the National Director of Public Prosecutions, which was supported by Biko’s family.
According to the NPA, the reopened proceedings are intended to allow the court to determine under the Inquests Act whether Biko’s death resulted from an act or omission that could amount to a criminal offence by any person.
The hearings form part of a broader effort by prosecutors and the courts to revisit unresolved apartheid-era deaths where new or reconsidered evidence could establish responsibility.
The next significant development will be the evidence placed before the High Court as substantive testimony gets under way.
