The Gauteng High Court in Pretoria has ruled in favour the family of Collins Khosa in their urgent application.
Forty-year-old Khosa was allegedly beaten to death by members of the South African National Defence Force (SANDF) in Alexandra in Johannesburg in March.
After the Constitutional Court turned down their application, they turned to the High Court instead.
Lawyers on behalf of the family argued the ministers of police and defence had failed to take steps to prevent illegal action by law enforcement officials, adding their public statement defended, downplayed and encouraged the use of force.
On Friday, Judge Hans Fabricius found 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 , inhuman or degrading way are non-derogable even during states of emergency.
He further said the SANDF and South African Police Service must instruct members to act in accordance with the Constitution.
Fabricius ordered that the soldiers who were present when Khosa was killed, should be suspended, pending investigations.
More to follow.