Court victory for Collins Khoza family
The High Court in Pretoria has ruled in favour of the family of the late Collins Khosa in their battle against the South African National Defence Force (SANDF).
The 40-year-old man was assaulted and killed allegedly by members of the SANDF during lockdown patrols in Alexandra, north of Joburg, in April.
Khosa was allegedly beaten to death by members of the army when they saw a glass of alcohol in his yard.
Judge Hans Fabricius said it is imperative that all law enforcement agencies act within the confines of the constitution during the lockdown.
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"Within five days (law enforcement need to) establish a freely accessible mechanism to report torture or cruel inhuman or degrading treatment punishment committed by the SANDF, SAPS or any MPD during the state of disaster.
"The first and fourth respondent shall ensure that all internal investigations into the incidents are completed and furnished to this court on or before June.”
Fabricius ruled that the soldiers’ precautionary suspension will be on full pay.
"Within five days pending the outcome of the disciplinary proceedings, place on precautionary suspension on full pay, all members of the SANDF present or adjacent at Mokhesi Street in Alexandra.
"Within two days command all members of SANDF, SAPS and any MPD to adhere to the absolute prohibition on torture and cruel and degrading human punishment and to apply only the minimum force that is reasonable to enforce the law.”