Lawyers on behalf of the family argued the ministers of police and defence had failed to take steps to prevent illegal action by law enforcement officials, adding their public statement defended, downplayed and encouraged the use of force.
The Gauteng High Court in Pretoria has ruled in favour of the urgent application brought on behalf of the family of #CollinsKhosa who was killed in Alexandra. Court had ordered that those present must be suspended pending the investigation. @TeamNews24 pic.twitter.com/GxizZ9GWAW
— Alex Mitchley (@AlexMitchley) May 15, 2020
On Friday, Judge Hans Fabricius found that the right to dignity, life, the right not to be tortured in any way and the right not to be treated or punished in a cruel , inhuman or degrading way are non-derogable even during states of emergency.
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He further said the SANDF and South African Police Service must instruct members to act in accordance with the Constitution.
Fabricius ordered that the soldiers who were present when Khosa was killed, should be suspended, pending investigations.
More to follow.
