Court orders suspension of officers involved in death of Collins Khoza

The High Court in Pretoria, on Friday 15 May, ruled that South African National Defence Force (SANDF) soldiers and Johannesburg Metro Police Department (JMPD) members, implicated in the killing of Collins Khoza last month, be placed on cautionary suspension pending further investigation. 

Collins Khoza was allegedly beaten to death by SANDF members on 10 April during a lockdown operation. 

PRETORIA HIGH COURT ORDER 

The family of Collins Khoza has come out victorious on Friday. 

Judge Hans Fabricius said the following while presenting the court order: 

“Pending the outcome of disciplinary proceedings, place on precautionary suspension, on full pay, all members of the SANDF who were present at or adjacent to 3885 Moeketsi Street, Far East Bank, Alexandra, Johannesburg on 10 April”

“It is recorded that the sixth respondent shall immediately commence a process to place the members of JMPD who were present at or adjacent to 3885 Moeketsi Street, Far East Bank, Alexandra, Johannesburg on 10 April 2020 on suspension pending an investigation into charges of misconduct,” he said.  

The Judge said all members of the SANDF, SAPS and any MPD must adhere to the absolute prohibition on torture and cruel inhuman or degrading treatment or punishment and to apply only the minimum force that is reasonable to enforce the law. The way in which Khoza was allegedly killed should never have to take place.

The order included a freely accessible mechanism for civilians to report allegations of torture, cruel, inhuman or degrading treatment or punishment committed by members of the SANDF, SAPS or any MPD for the duration of the national disaster. The judge said the mechanism should be widely publicised. 

“As far as costs are concerned, there is no reason why the applicants who were substantially successful should not be awarded the costs of this application. Their challenge is constitutionally justified and bonafide,” he added. 

The South African reached out to SANDF spokesperson Siphiwe Dlamini. He said a statement is being prepared in response to the court order. He was not able to provide comment at the time of publishing.

THE DEATH OF COLLINS KHOZA

The court order is a win for Khoza and his family, however, it will not bring him back. 

According to Newzroom Afrika, Collins was allegedly beaten for being in possession of a bottle of beer. 

According to the man’s wife, Nomsa Montshe, soldiers raided their home and after finding a single beer in the fridge, dragged him out into the street.

Montshe said that two SANDF soldiers entered her home while Khoza was eating at the house next door with her sister and brother-in-law. She said her husband and brother-in-law were questioned about possession of alcohol and both houses were searched.

Montshe alleges that the soldiers opened the beer and then proceeded to pour its contents onto the two men before assaulting them.