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Collins Khosa’s family takes legal action against SANDF, sues for R10 million

Collins Khosa died in April 2020 after an altercation with soldiers. His family is now taking legal action against the SANDF.

human trafficking teenage girls murder investigation soweto woman rapist rape stepfather sandf collins khosa palesa madiba

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Collins Khosa’s family will be proceeding with legal action against the SANDF for his wrongful death after four soldiers assaulted him on Good Friday during the nationwide lockdown.

SANDF responsible for Khosa’s death

This follows after Defence Minister Nosiviwe Mapisa-Nqakula said on Thursday 20 August 2020 that the ombudsman found the soldiers who are responsible for his death acted improperly.

Their conduct was irregular and in contravention of the code of conduct and Mapisa-Nqakula said they would be facing criminal charges and appropriate disciplinary action.

Mapisa-Nqakula also confirmed that they had not participated in Military Ombud’s investigation at the behest of their lawyers. The soldiers had been placed on leave with full pay while the criminal investigation continues.

Improper and irregular conduct

Prior to that, the defense minister appeared before Parliament on Wednesday, stating that the criminal element of the matter fell outside of the SANDF’s scope.

“[…] in the process of conducting a search for alcohol, various acts of misconduct were committed by, unfortunately, the soldiers. [The ombudsman] concluded that the official conduct of these members was improper, irregular and in contravention of the code of conduct, operational order and rules of engagement”, the minister said.

She explained that the ombudsman investigation “doesn’t deal with the criminal investigation”, which will be dealt with by law enforcement agencies. The purpose of the ombudsman was to investigate the behaviour of SANDF members.

At the time, she said the soldiers had “no choice” in the matter and expressed her disappointment with the report of the Military Ombudsman because the soldiers “lost an opportunity to present their case”.

“Once the military ombud has made findings – which are plausible in my view – and has actually made a recommendation for you to implement, you implement the recommendations”.

Listen: Minister of Defence discusses the details of the case:

Collins Khosa died in April 2020 after an altercation with soldiers at his home in Alexandra. Khosa and his brother were accused of violating lockdown protocols while having a drink in the family’s backyard.

The family’s lawyer, Wikus Steyl, said in a statement earlier this week that the SANDF soldiers “did not do what they were supposed to do, they went out of their mandate, they acted improperly”. He added:

“I spoke to the family and they welcome the report and they finally feel justice is coming their way”. He explained that the “report greatly aids the criminal investigation and the civil claim that the family are proceeding with against the Minister”.

Watch: Discussion on the court’s ruling

Steyl explained that the civil claim is “not for anybody to get rich”. Instead, it should be seen as “support for the people who Collins was supporting”. That includes “children’s schooling, groceries and basics”.

He added that Khosa’s legal team will “use the Ombud’s report in that civil claim”.