The South African government on 18 March admitted liability for the death of Joseph Mdluli, who died in police detention in March 1976, and offered to pay R15,000 damages to his widow, Mrs. Lydia Mdluli. This is believed to be the first time the State had admitted liability in the case of a detainee death.
The out-of-court settlement anticipated the civil claim for R28,616 by Mrs. Mdluli, which was due to be heard in Durban Supreme Court on 19 March, against the Minister of Police as responsible for the Security Police. Defendants cited in the summons were the four security policemen charged and acquitted of killing Mdluli. It was agreed that the state should pay all the costs of this action.
Police HQ in Pretoria issued a statement saying that the settlement was not acknowledgment of State responsibility for Mdluli's death; police were not to blame for his death, but were responsible for his welfare in detention. Mdluli died of injuries to his neck, head and chest.
Mrs. Mdluli accepted the state offer on the advice of her lawyers, and called for the criminal case against the police to be re-opened, saying no amount of money could compensate for her husband's death. This was echoed by Bishop Tutu of the SA Council of Churches, who said that the settlement was unsatisfactory as long as the culprits were not brought to court, and by the Rand Daily Mail which listed Mdluli's injuries and said the case was not now closed. "What is Mr. Kruger doing to bring to account whoever was responsible for Mr. Mdluli's death? How did Mr. Mdluli suffer these severe injuries? Who killed him?"
