The inquest finding into the death of Lungile TABALAZA, aged 20, who fell from the Port Elizabeth security police headquarters on 10 July was that no one was to blame. The magistrate said on 3 October that the police evidence that Tabalaza had not been assaulted or threatened during interrogation had not been refuted; the police had neither killed Tabalaza nor been guilty of criminal negligence in questioning him in a room without window bars.
As the security police are the only people to have access to detainees, their evidence can never be directly refuted nor confirmed. Nor is it possible to ascertain which parts of their evidence are true or partly true, and which false. The sequence of events which led to Tabalaza's death appears to have been as follows, as far as can be assessed from the inquest:
On 10 July news reached the Unrest Investigation Unit of the SAP in Port Elizabeth that an incident concerning an attack on a delivery van had occurred early that morning in New Brighton. The Unrest Unit was headed by Maj. de Jongh with subordinate officers including Lt. Verceuil, Det. Sgt. Nel and Const. Mene, all connected with the Tabalaza case. Although the Unit was said to be unconnected with the Security Police, it fell ultimately under Col. Goosen, head of Port Elizabeth SP (and in charge of the squad which murdered Steve Biko). The Unrest Unit moved to the 5th floor of the Sanlam Building in Port Elizabeth apparently around the beginning of July. Previously its interrogations had been carried out at New Brighton police station. The Unit claimed to have been responsible for 2000 arrests since June 1976.
After the van incident Tabalaza, a 17 year-old and another man were arrested and taken to New Brighton police station. Nel and another officer arrived to question them. The youth (who gave evidence at the inquest) said Tabalaza was taken off for questioning by policemen holding wire and when he returned had 'tears in his eyes'. The third man was released and Tabalaza and the youth taken to Sanlam Building, the Security Police HQ. Window grilles were in the process of being fixed on the 5th floor. Nel took Tabalaza first for questioning, for some two hours, charging him with other unsolved arson incidents on 8 July as well as the robbery and burning of the delivery van. A statement was prepared admitting involvement in the three incidents; according to Nel this was Tabalaza's confession, but it was never signed by him.
At around 1 pm. Tabalaza was taken for finger-printing and then sent, in the care of Maj. de Jongh and Sgt. Mene, to the Magistrates Court to make a statement. But the magistrate Mr. Lubbe told the inquest that Tabalaza, whom he saw at about 2 pm, had denied wishing to make a confession and instead said he was afraid of going back to face Nel at Sanlam without have done so. Lubbe noted this down and sent him back. Arriving back at Sanlam at about 2.40 pm Tabalaza was taken up to the fifth floor, where de Jongh showed Nel the statement. According to the police witnesses, while this was taking place, Tabalaza apparently opened a window in Nel's office and tried to jump to a roof across the street. He landed in the street 20 m below and died of multiple injuries. A passer-by saw this happen at 3 pm.
According to Dr. W.E. Cooper, for the family, 'something dramatic' clearly happened when Tabalaza returned without the expected confession, and the time not accounted for in the police version (approx. 2.45 to 3 pm) was significant. It was unlikely that Tabalaza had tried to jump to another building; perhaps he had been in such a desperate state of mind he had simply tried to escape from his interrogators.
From the evidence given by passer-by Mr. Gerber it would appear that Tabalaza crouched on the window sill and leap outward. No other person could be seen at the window from the street below. Whether or not Tabalaza jumped or was pushed, however, it is clear that he would not have died had it not been for his treatment by the police. As Dr. Cooper told the inquest: "a great deal more happened than was said in evidence ... his death was a direct result of what occurred between him and Sgt. Nel on that day."
