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News24 reports that the Gauteng High Court in Pretoria has ruled that absolute rights such as those to dignity and not to be treated or punished in a cruel, inhuman or degrading way cannot be removed, compromised or limited even during a national state of disaster and the lockdown.
On Friday, Judge Hans Fabricius handed down judgment in favour of the family of Collins Khosa who had launched an urgent application after he was beaten to death, allegedly by members of the SA National Defence Force (SANDF) in Alexandra, Johannesburg, in March. The application sought to force the government to intervene and reign in law enforcement agencies which have been accused of using excessive force during the lockdown. Fabricius ordered that police officers and soldiers, who were present when Khosa was killed, be placed on precautionary suspension with full pay, pending the outcome of disciplinary proceedings. In doing so he rejected claims that accused members of security forces could only be suspended after they had been found guilty by an investigation. "The respondents claim that any accused members of the security forces can only be placed off-duty and disarmed after they have been found guilty in a thorough investigation which is underway. This of course is not so. Precautionary suspensions have been ordered by courts before, where there has been a prima facie case of abuse of public authority," Fabricius indicated.
- Read the full original of the report in the above regard by Alex Mitchley at News24
- Read too, Alexandra man’s family plan to sue after his death allegedly at the hands of SANDF soldiers, at Sunday Independent
Get other news reports at the SA Labour News home page