‘Someone to blame’ – Court rules Ernest Dipale death not suicide

Dipale was arrested in August 1982 - days later his family was told that he had hung himself in a cell at the then John Vorster Square police station – now known as the Johannesburg Central police station, where he had been detained. 

Delivering the judgment on Tuesday, Judge Motsamai Makume said it was improbable that Dipale would strip down to his underwear and hang himself. 

“Dr Steve Naidoo testified that the fresh injury on the lip of Moabi could’ve been caused by blunt force to the mouth which could’ve been as a result of falling or a blow to the mouth. He’s sure that the injury was sustained at the time of death or shortly before death. All this demonstrates that Moabi was in the cell with somebody before he died,” said Makume.  

Earlier the court heard that Dipale could not have used his bare hands to tear off a piece of the blanket, that was on his concrete bed, and used it to make the noose from which his lifeless body hung. 

“The blanket is 5mm thick and can’t be easily torn off with bare hands. It’s made of 65% wool and cellulosic fibre, as well as synthetic fibre. He [the witness] told the court that a person must be very strong to tear their blanket with their hands; and that, if torn off, it would show threads or fraying. 

“The blanket seam of the exhibits shows that it had no threads of frayed. It therefore could not be torn by a person of small hands like Moabi. It’s clear that someone who was there with him cut the blanket”, the Judge continued. 

Makume further said the late activist, who was 1.71m and weighed 54kg, could not have reached the grill on the window to tie the rope without assistance. 

“Why would Moabi choose the uppermost portion of the grill to tie the ligature whereas there were other places where he could’ve tied the knot? Moabi, as a result of his height would’ve had to use a chair or a stool to reach that height.”

‘SOMEONE TO BLAME’ 

More families of deceased activists are seeking answers after they were left with questions through the miscarriage of justice by the apartheid-era courts. 

More than 200 cases were referred to the police and justice departments for investigation or prosecution on the recommendation of the Truth and Reconciliation Commission (TRC). 

Referencing the book by anti-apartheid lawyer George Bizos (titled: No One to Blame) Judge Makuma said it was clear the court that first handled Dipale’s case was not looking to find the truth. 

In his book, Bizos lamented the practice in which apartheid-era courts would rule deaths in custody as suicides to create the impression that activists had killed themselves after confessing and implicating their comrades. 

He said the lack of past records in the Dipale matter made it difficult to determine how the court that conducted the hearing in 1983 had reached the conclusion that there was ‘no one to blame’ for the activist’s death. However, Makuma said the evidence considered by the High Court pointed to security branch officer Nicolaas Deetlefs and apartheid spy Joe Mamasela. 

“I’ve come to the conclusion that Ernest Moabi Dipale didn’t kill himself. His death in the cells was brought about by the actions of the security police at John Vorster Square. It’s however difficult to say with certainty which of the members of the police. My suspicion points out two members Nicolaas Deetlef and Joe Mamasela,” he said.  

He said this was based on an admission by Mamasela that he and Deetlefs had shot at Dipale while he drove in his car the night before they arrested him, sending him to his death in the cold, concrete cell.