Forensic pathologist pokes holes in Chief Albert Luthuli’s post-mortem findings

DESPITE being an internationally acclaimed statesman, Inkosi Albert Luthuli was treated like a commoner in his death, with his post-mortem being conducted hurriedly by a doctor who was inexperienced in conducting a forensic examination and who produced a substandard death report.   

This was revealed by senior KwaZulu-Natal Department of Health’s Dr Sibusiso Johannes Nsele, who reviewed the 1967 post-mortem report conducted by Dr Jakobus Johannes van Zyle.

Nsele, who introduced himself as a senior forensic pathologist in the province with 18 years in the medical health sector, said the NPA instructed him on December 15, 2020, to help with the evaluation of Luthuli’s post-mortem report compiled in 1967.

Luthuli died at hospital a few hours after being allegedly hit by a goods steam train on the morning of July 21, 1967, at Mvoti River in Groutville, Stanger.  

The outcome of Nsele’s review highlighted a lack of professionalism in the work done by three doctors who dealt with Luthuli before and after his death. 

“We found a paucity of details on the post-mortem report, injuries were documented only under the heading of chief post-mortem findings, and there was no mention elsewhere in the body of the post-mortem report,” he said. 

He said the conclusion of Luthuli’s death was cerebral haemorrhage and brain injuries. 

He said, according to medical reports, the post-mortem was conducted and concluded approximately 90 minutes after Luthuli was declared dead, and it lacked mention of the possible cause of the injuries.

He said there was also no reconstruction of the scene of the accident.

“The interpretation of injuries, as indicated in the post-mortem report, did not resonate with injuries that should have been expected in a railway train/pedestrian collision,” he said. 

He said he found it odd that the train accident was compiled by Van Zyle on July 21, 1967, the same day Luthuli was declared dead, after conducting an autopsy on his body.

Van Zyle attended to Luthuli at the emergency room soon after he had died. 

He said Van Zyle had recorded head, hands, and body injuries on Luthuli’s body and concluded that the cause of death was head and brain injuries. 

“The further shortcomings evident on the post-mortem report have been noted (such as) the injuries were grouped without providing specific and distinctive details, such as wound measurements.

“It is not known how many and how big the scalp lacerations were, but they were only described as multiple,” he said.

He said that although Luthuli had sustained injuries on the hand and chest, such information was not sufficiently detailed. 

“Depiction of injuries on the diagram was absent... the presentation of injuries assists in properly illustrating the observations made during the post-mortem examination.

“No specimens were collected for further examination (and) the post-mortem was performed approximately 90 minutes after Mr Luthuli was declared deceased, while the body was still warm,” he said.

Nsele said it appeared that the post-mortem was hurried, “given the status of Mr Luthuli in the society”.

“At the time of his demise, he was a Nobel Peace Prize laureate in the field of human rights.

“This alone gave Mr Luthuli an international reputation within the society, and he was the ANC president-general and a traditional leader.

“There seemed to have been no cultural and religious reasons to necessitate the examination as soon after demise,” he said. 

Nsele said it was inappropriate that Luthuli’s body was not examined by a specialist forensic pathologist or “at least a better competent district surgeon”.

“Since Dr van Zyle was not a specialist pathologist who was an appropriate one to conduct such an examination, given the extensive knowledge which was required. The need for a specialist in this matter at a time cannot be overemphasised, given the deficiency in the report compiled by Dr JJ van Zyle,” he said.  

Nsele also picked up some discrepancies in the sworn statements presented by two other doctors who examined the body and gave reports, which contradicted each other, but they all concluded that Luthuli died from head and brain injuries. 

He told the court that there was also no evidence that Luthuli had been hit by the train, as there was no sign that he was dragged on the railway line, or his clothes, which did not have blood stains, were torn apart. 

He said there were also no signs that Luthuli was thrown a distance away as a result of the train's impact. 

He said the fact that the X-ray revealed that Luthuli only sustained a single rib fracture on the chest meant that he was not hit by the train. 

“One has considered the possibility that Mr Luthuli had been hit by the train, but it was difficult to reconcile with such context as presented by the nature and position of the injuries. 

“Generally, a person hit by a train would have multiple fractures in different positions,” said Nsele.

Cape Times