The family of Chief Albert Luthuli, South Africa’s first Nobel Peace Prize laureate and one of the most revered figures of the liberation struggle, is considering legal action against the state.
This follows a landmark ruling in the Pietermaritzburg high court last month that overturned the apartheid-era finding on the cause of his death.
In a ruling, judge Nompumelelo Hadebe found that Luthuli’s fatal injuries were not consistent with being struck by a train, as claimed by the 1967 inquest, but rather pointed to blunt force trauma — suggesting he was assaulted before his death.
The ruling has reignited calls for accountability and historical truth, as the country continues to reckon with the unresolved crimes of apartheid.
However, the judge did not prescribe any specific next steps for prosecution or reparations.
Her ruling focused solely on overturning the original inquest and establishing the true cause of death. She noted that the seven individuals implicated in the evidence are either deceased or untraceable, making criminal prosecution unlikely.
However, veteran Durban-based lawyer Ntokozo Radebe said the judgment opens a clear legal path for the Luthuli family.
“This landmark judgment was long overdue because everyone knew that the apartheid-era inquest was nothing but a whitewash aimed at releasing the culprit who carried out the murder to go free,” Radebe said.
“Now that the family has obtained a high court decision in their favour, it would be easier to litigate and succeed in claiming reparations from the state. Perhaps they can go for the prosecution and or civil suit against those individuals who participated in this act who are still alive.”
Sandile Luthuli, grandson of the late chief and family spokesperson, said the family was still absorbing the implications of the court’s findings.
“We are studying the judgment and its full details,” he said. “We are also trying to set up meetings and engage with the departments of education, sports, arts and culture, and museums to correct the narrative that has been sustained for more than five decades — that Chief Luthuli was killed by a train.”
He added the family would take guidance from their legal team on the next steps.
“At this stage we are not sure whether we will take legal action alone or will be enjoined by the families of the other victims,” Luthuli said.
This is not the only inquest under way into the deaths of anti-apartheid activists.
The National Prosecuting Authority (NPA) has reopened several cases this year, including those of Griffiths and Victoria Mxenge, both prominent human rights lawyers and activists. Griffiths was assassinated by apartheid security forces in 1981, and Victoria was murdered in 1985, allegedly by state operatives.
The inquests into their deaths are being heard in separate courtrooms in KwaZulu-Natal, with proceedings led by advocates from the NPA’s Truth and Reconciliation Unit.
Other reopened cases include the death of Fort Calata, one of the Cradock Four, who was killed in 1985 alongside Matthew Goniwe, Sparrow Mkhonto and Sicelo Mhlauli. The inquest into their deaths is expected to resume later this year.
In September, the NPA also announced the reopening of the inquest into the death of Steve Biko, the Black Consciousness leader who died in police custody in 1977.
Justice minister Mmamoloko Kubayi directed the reopening under the Inquests Act, citing new evidence and unresolved questions surrounding Biko’s death.
President Cyril Ramaphosa has promulgated an investigation into why apartheid-era deaths and crimes have not been prosecuted, despite recommendations from the Truth and Reconciliation Commission (TRC).
The proclamation mandates the justice department and the NPA to review delays and identify systemic obstacles that have hindered prosecutions. It calls for accountability from institutions that failed to act on TRC referrals and seeks to ensure that families of victims receive long-overdue justice.
The Luthuli family’s response to the judgment has been measured but resolute. They see the ruling not only as a personal vindication but as a national reckoning.
Luthuli was banned by the apartheid regime from leaving his Groutville home and participating in politics at the time of his death. He received the Nobel Peace Prize in 1960 and met Robert F Kennedy on June 8 1966 at his home in Groutville. He died shortly after, on July 21 1967.
Luthuli added that his grandmother Nokukhanya Bhengu Luthuli, who died on December 16 1996 at the age of 92 in her Groutville home, was seeking justice for her husband at the time of his death.
“This is not just about our family,” Sandile said.
“It’s about restoring the dignity of a man who gave everything to this country, and about holding accountable the systems that tried to erase the truth,” he said.
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