Johannesburg – The High Court in Pretoria has found that the conduct of the SANDF members implicated in Collin Khosa’s killing was in violation of human rights.
The court has ordered that the members be placed on precautionary suspension pending an investigation into the killing.
The 40-year-old man from Alexandra was assaulted, allegedly by officers at his home, while they were enforcing lockdown regulations.
Khosa’s killing caused a lot of public outcries, with members of the community calling for action to be taken on the officers responsible.
The High Court found that Khosa was subjected to being assaulted and tortured in breach of his constitutional rights.
Judge Hans Fabricius, in delivering his verdict, ordered that those implicated in Khosa’s killing to be placed on suspension while an investigation is underway to instill public confidence in the state.
Judge Fabricious added that even during a national state of disaster, citizens were entitled to their constitutional rights and should not be in an inhumane or degrading manner.
The SANDF and police were ordered to command all its members to adhere to the Constitution and apply only minimum force that is reasonable to enforce the law.
Judge Fabricious also called for the publishing of guidelines to inform how officers should enforce lockdown compliance.
“Guidelines about when a person may be arrested, and alternative means of ensuring their attendance at trial… information where members of the public may lodge complaints against the SANDF, SAPS, or any other law enforcement agency or officer,” Judge Fabricious said.
