JMPD to suspend officers present at Khosa’s house on day of death

The Johannesburg Metropolitan Police Department (JMPD) has agreed to suspend the officers who were at Collins Khosa’s house on the day of the 40-year-old’s death.

This emerged in the High Court in Pretoria yesterday as the civil case launched by Khosa’s family against the state got into its second day.

Khosa died at his Alexandra home on Good Friday, allegedly after a vicious assault at the hands of members of the South African National Defence Force (SANDF) over a half-cup of alcohol found in his yard during the national lockdown.

Khosa’s partner, Nomsa Montsha, said in court papers the soldiers choked him, slammed him against both a cement wall and a steel gate and hit him with the butt of a machine gun. She also said officers from the JMPD were at the scene.

Khosa’s family approached the high court late last month after an unsuccessful bid for direct access to the Constitutional Court.

Initially, the family wanted the court to order that all of the soldiers and police who were at Khosa’s house that day be placed off duty and disarmed pending the outcome of an investigation.

But advocate Tembeka Ngcukaitobi, who is representing Khosa’s family, yesterday said there had been “a new development”.

“The JMPD has undertaken to immediately commence suspension proceedings in relation to those officers who were present on 10 April,” Ngcukaitobi told the court.

And added that “for all practical purposes,” his clients no longer sought any substantive relief against the JMPD.

The SANDF yesterday continued its opposition to this part of the application, with Defence Minister Nosiviwe Mapisa-Nqakula arguing in court papers that the soldiers in question could only be placed off duty and disarmed after a board of inquiry had been convened and the soldiers heard – “as required by law”.

Khosa’s family also wants a declaratory order that basic human rights must be upheld during the state of disaster and advocate Ngwako Maenetje, for the SANDF, yesterday argued it was “unnecessary”.

But Judge Hans Fabricius, who is presiding over the case, appeared to disagree.

“The application, I think, as a whole, must be seen not in light of the normal rules relating to when a court ought to make declarations which simply restate the law. It must be seen under the present existing circumstances,” he said.

“Having regard to the various sectors of our community and how and where they live – there’s a vast difference, unfortunately, between many of those communities – wouldn’t it be wise for a court – contextually speaking – to make a declaration?”

Fabricius said this “could go some way to re-establish the trust that seems to be lacking at the moment between the community and the government and vice versa”.

“So there may be benefits to it and it may be that the court is entitled, under those circumstances, to issue that order which can’t prejudice anyone,” he said.

Maenetje ultimately accepted this would be an “appropriate consideration” and left it in the hands of the court.

Judgment was reserved.

– news@citizen.co.za

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