The Independent Police Investigative Directorate says evidence gathered during the investigation into the death of a Tshwane University of Technology student indicates that the two police officers should not have fired their weapons.
Katlego Monareng (26), a third-year TUT student, was shot and killed during unrest over student representative council elections on August 23.
Moses Dlamini of Ipid said the state had enough evidence to prove that this was murder, not culpable homicide.
“The state believes that they had the intention to kill. The matter must go to court and be presented in court; we cannot discuss it before then. They [the accused] have to be given a chance to say they did not intend to kill,” said Dlamini.
“The state has evidence that they should not have shot under the circumstances. Protests should not be violent; the police have a right to defend themselves and others who are under threat, or the property. The law wants proportional force to be used which is proportional to the threat.
“When you look at when the incident happened, what circumstances were necessary for them to shoot. When the docket was taken to the prosecutor, the prosecutor agreed that it should be murder and attempted murder.”
The two cops, a constable and a captain, who were detained on Monday, were granted R2000 bail each. The pair appeared at the Soshanguve Magistrates’ Court this morning following the investigation by the Ipid.
The two accused arrived in court with their faces covered and heavy police presence around the dock where they were seated.
Students from various organisations marched with placards from Soshanguve North Campus to the court. They were initially denied access to the premises.
They started shaking the gate and eventually pushed their way in.
The small court room was filled to capacity by Monareng’s family, fellow students and the community.
The matter will come before the Soshanguve Magistrates’ Court on January 25 2019.
The institution said it welcomed the progress Ipid had made in its investigation.
“The law will have to follow its course with the two suspects. Good progress has been made in the full-scale forensic investigation following allegations of irregularities during the student council elections at the Ga-Rankuwa and Soshanguve campuses and the subsequent death of Andries [Katlego] Monareng,” said TUT spokesperson, Willa de Ruyter.
The Soshanguve campuses were closed for four weeks following a number of protests and damage of property.
Classes resumed on October 8 and final exams were expected to commence of December 3.