The reopened inquest into the death of anti-apartheid activist Steve Biko has highlighted a broader concern for his family: that the pursuit of justice should not be overshadowed by questions about who will pay for the proceedings.

The Department of Justice and Constitutional Development has now confirmed that it will fund the inquest being heard at the Gqeberha High Court in the Eastern Cape. The decision follows Legal Aid’s refusal to fund the Biko family after a means test found that Steve Biko’s widow’s income and assets exceeded the organisation’s eligibility requirements.

The funding issue dominated part of the opening proceedings, frustrating the family as the long-awaited inquest seeks to revisit the circumstances surrounding Biko’s death.

‘It is undignified’

Biko’s son, Nkosinathi, said the family had spent much of the first day dealing with financial resources instead of the substantive issues before the court. He described the situation as undignified, particularly given the historical significance of the case. Nkosinathi also said he had deliberately kept his mother away from the discussion over funding. He argued that Biko’s widow should not be made to carry responsibility for securing justice over her husband’s death. The Justice Department’s decision to provide funding should now allow proceedings to move beyond the administrative dispute.

Focus returns to Biko’s death

The inquest is expected to continue on Tuesday, with witnesses scheduled to testify. Biko died in police custody in September 1977 after suffering severe injuries while detained by apartheid security police.

His death became one of the defining moments in the struggle against apartheid and helped draw international attention to the abuses committed by the security forces. The original inquest into his death failed to result in criminal accountability for those responsible. The reopened proceedings therefore carry enormous historical and legal significance for the Biko family and for South Africa’s broader reckoning with its apartheid past.

A new opportunity for answers

The latest inquest offers an opportunity to revisit evidence and testimony surrounding the circumstances of Biko’s death. For the family, however, the priority is not simply historical recognition. It is obtaining answers and accountability after decades of unanswered questions.

With the funding issue now addressed, the attention is expected to shift back to the witnesses and evidence that could help establish what happened to Biko in the final days of his life. The proceedings also raise a broader question about access to justice in cases involving victims of apartheid-era abuses.

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