Steve Biko inquest postponed again for family to prepare

Steve Biko

GQEBERHA, Tuesday 25 August 2026 — Substantive hearings in the reopened inquest into the death of anti-apartheid activist Steve Biko have been postponed again after the Gqeberha High Court granted his family additional time to prepare for the proceedings.

The postponement is a material change from earlier expectations that the first witness would begin giving evidence on Tuesday after the Department of Justice and Constitutional Development resolved a dispute over funding for the family’s legal representation.

The Biko family sought the postponement after securing legal representation only on Monday.

Lawyer Ngqiqo Sakhela told the court that the family needed sufficient time to prepare, including reviewing a substantial volume of documents as well as evidence from the original 1977 inquest and subsequent Truth and Reconciliation Commission proceedings.

The Justice Department agreed on Monday to fund legal representation for Biko’s widow, Nontsikelelo Biko, who is expected to testify during the reopened inquest.

Legal Aid South Africa had previously declined to fund her representation after finding that she did not meet its financial eligibility requirements. The court questioned whether those criteria should be applied narrowly given the nature and historical significance of the proceedings.

Resolving the funding dispute had initially been expected to clear the way for evidence to begin on Tuesday.

The family’s subsequent application means the inquiry into the circumstances surrounding Biko’s death will remain in its preliminary stages while its lawyers prepare.

Biko, a founder and leading figure of the Black Consciousness Movement, died on 12 September 1977 after suffering severe injuries while detained by apartheid-era security police.

An inquest held in 1977 did not find anyone criminally responsible for his death.

The National Prosecuting Authority announced the reopening of the inquest in September 2025, allowing a court to reconsider the evidence and determine whether Biko’s death resulted from an act or omission that could constitute a criminal offence.

The proceedings form part of renewed efforts to address unresolved apartheid-era deaths and outstanding questions of accountability arising from cases considered during and after the Truth and Reconciliation Commission process.

The timing of substantive testimony will now depend on the period granted to the Biko family to prepare its case.

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