PIETERMARITZBURG - The High Court in Pietermaritzburg has set aside the 1967 ruling which found ANC President-General, Chief Albert Luthuli's death was accidental.
A reopened inquest found apartheid police beat him to death.
The apartheid government claimed he was hit by a train near his home in Groutville, KZN but his family and supporters always felt he died under suspicious circumstances.
Judge Nompelelo Radebe said, "The finding and the ruling of the magistrate Mr. C.I. Boswell, dated 19 September 1967, at the Stena Magistrates' Court under Inquest No. 76 of 1967, is set aside. b. In terms of section 17, capital letter A, subsection 3, read with section 16, subsection 2 of the Inquest Act 58 of 1959 as amended, the following orders are made:"
"Roman Figure 1. In terms of section 16, subsection 2, A, the deceased is Chief Albert John Mvumbi Lutuli, an African male, and the President of the African National Congress."
"Roman Figure 2. In terms of section 16, subsection 2, B, as to the cause or likely cause of death it is found that the deceased died as a result of a fractured skull, cerebral hemorrhage, and concussion of the brain associated with an assault."
Luthili's family has welcomed the 'summary judgement' with grandson Sandile Luthuli saying this is a step in the right direction terms of seeking closure.
In so far as the liability is concerned, he says it points them in a direction of the persons who could be potentially held liable for the attack.