Pretoria High Court: what SAPS, SANDF may not do in the name of lockdown

No police, SANDF or metro police officer may torture any South African when enforcing Covid-19 lockdown regulations. This was re-emphasised by Pretoria High Court Judge Hans Fabricius on May 15, 2020.

Caxton Local Media looks into the laws that protect South Africans from police brutality and how contraventions can be reported.

Image: Malebo Malemone.

The recent death of Collins Khosa, however, left may South Africans wondering whether South Africa’s law enforcement officers were taking these laws to heart?

It is alleged that Khoza, a resident of Alexandra, was tortured and killed in the presence of law enforcement officers on April 10, 2020. His loved ones (Khosa Mphephu, Nomsa Monthtsha and Thabiso Muvhango) approached the Pretoria High Court seeking an urgent interdict instructing the police, metro police and military to respect and act according to South African law. These entities formed part of 10 respondents.

According to the statement, two female SANDF members entered their home carrying sjamboks at 17:00 that afternoon. They spotted a camping chair and half-full cup of alcohol in the yard and accused Muvhango and Khosa of violating lockdown regulations. Khosa (who was not necessarily consuming alcohol at the time) pointed out that drinking in one’s yard was not banned in terms of lockdown regulations.

The two men were ordered to stand outside the yard with beers on the ground while SANDF and JMPD vehicles arrived with backup. It is alleged that Khosa was choked, slammed against the wall, hit with the butt of a machine gun and kicked, slapped and punched repeatedly. According to the affidavit, he was also slammed against a steel gate. He died as a result of blunt force injury to the head. (These allegations have not yet been tested in a criminal court.)

Khosa’s loved ones requested the court to remind law enforcement officers of the laws prohibiting police brutality. Fabricius ruled in their favour.

Image: Malebo Malemone.

Fabricius found that, within the context of a Covid-19 lockdown no proper guidelines have been issued explaining to law enforcers and civilians “how security forces may enforce the lockdown, including when and to which extent they may use force.”

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NOTE: IF YOU NEED TO REPORT A HUMAN RIGHTS VIOLATION, CLICK HERE.

Click here for your local SACHR representative’s contact details.

He ordered that such codes of conduct be implemented. Today (May 22, 2010), Police Minister, General Bheki Cele confirmed that these had been completed and that it would be signed off before midnight.

Fabricius’ court order set out certain deadlines for performance by the SAPS, SANDF and metro police. According to Cele, the orders with a two-day deadline had been acted in accordance with.

This entailed, among others, that the SANDF officers who were present during the incident had to be placed on precautionary suspension while disciplinary proceedings are finalised.

The SANDF, SAPS and the metro police had to command all members to adhere to prohibitions on torture, cruel, inhuman and degrading treatment or punishment of civilians.

During a press briefing today, Cele indicated that a portion of Fabricius’ judgment would be appealed. He was, however, not willing to indicate which part he was referring to.

Click here for the full judgment.

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