Collins Khosa’s family now preparing to sue state for damages
With one court victory in the bag, Collins Khosa’s family is now readying for the next legal battle: a damages claim.
File image: iStock
The High Court in Pretoria yesterday found in favour of the slain father of three’s family in the urgent application they launched earlier this month in a bid to halt police and military brutality during the national lockdown.
Speaking after judgment was delivered, the Khosa family’s lawyer, Wikus Steyl from Ian Levitt Attorneys, said he and his team were already preparing to launch a damages claim.
“It’s on behalf of Collins’ three children, their mothers, his mother and all family members who are losing out on his financial and emotional support,” Steyl said.
Khosa died at his Alexandra home last month, allegedly as a result of a beating meted out by soldiers over a half-drunk cup of alcohol in his yard.
Yesterday, Judge Hans Fabricius declared that even in the current state of disaster, certain basic human rights, such as those to human dignity and life, were non-derogable and that the police and the army remained bound by the constitution and the law.
He also ordered the suspension of the soldiers who were at Khosa’s house on the day of his death and that a code of conduct and operational procedures regulating police and soldiers’ conduct in enforcing the state of disaster be developed and published.
In handing down his ruling, Fabricius said the populace “must be able to trust the government to abide by the rule of law and to make rational regulations to promote their purpose”.
“These should intrude upon the rights of people (and businesses) either not at all or if they do – or justifiably must – the least restrictive measures must be sought, applied and communicated to the public,” he said.
“In return, the government can justifiably expect the citizens to cooperate for the common goal, take responsibility to ensure their own safety and that of others.
“Public administration, which includes all organs of state, must be accountable and transparency must be fostered by providing the public with timely, accessible, accountable and accurate information.”
But the judge also pointed to the public’s responsibilities and said that, without a “community of interest”, lockdown would fail.
“And a wasteland and social unrest awaits us all,” he added.
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