In two days of argument in the high court in Pretoria this week, Judge Hans Fabricius explored with counsel how the courts could help restore trust between citizens and the government over the abuse of state power by the security forces during the national state of disaster.
The case taken to court by Khosa’s family was not only about accountability for his death. The family sought a number of orders to ensure an end to army and police brutality for the duration of the state of disaster. Khosa’s counsel, Tembeka Ngcukaitobi SC, said Covid-19 was likely to be with us for another 18 months. “We cannot have a population that lives in fear of their security forces,” he said.
Ngcukaitobi said the court had a duty to declare what the law was to instil public confidence in the rule of law and to ensure the longevity of the rights in the Bill of Rights.It also emerged during the hearing that the investigative bodies already in place to look into Khosa’s death had not finished their investigations as was previously believed.
Khosa’s family said no one from the IPID had contacted them, although the IPID said they had spoken to witnesses. It emerged in court that the Ekurhuleni Metropolitan Police Department had already suspended members who had been accused of brutality. The JMPD said — on the second day of the hearing — that it would begin suspension proceedings against its members implicated in Khosa’s death.
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