Lockdown death: ConCourt dismisses direct access application, Khosa family to approach Gauteng High Court
The case was heard in the North Gauteng High Court after it was dismissed in the Constitutional Court.
Judge Hans Fabricius ruled in favour of Khosa, finding 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, inhumane or degrading way are non-derogable even during a state of emergency, News24 reported.
As a result, Fabricius ordered – among others – in summary, that the first to fourth respondents within their respective areas of authority should within five days, pending the outcome of disciplinary proceedings, place on precautionary suspension on full pay all members of the SANDF who were present or adjacent to the scene.
SANDF spokesperson Siphiwe Dlamini in a statement on Friday confirmed four members have been placed on suspension as per the court order.
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The judge further instructed the first to fourth respondents – in summary – to develop and publish a code of conduct and operational procedures regulating the conduct of police and SANDF members.
“We were supposed to comply today – the minister of defence and minister of police who are supposed to sign the document of the code of conduct of joint officers during the state of disaster, the document is here – it will be signed before the day ends. The document is prepared and is ready to be signed,” Cele said, holding the document up.
He added 95% of the judgment had been complied with.
“We were given the time frames by the judge and we are trying to stick to those time frames in complying as the SAPS and SANDF.
“But almost 95% of what the judge has said we are prepared to comply with it,” Cele said.