Collins Khosa: Defence minister mum on SANDF inquiry which cleared soldiers, says matter ongoing

accreditation
Minister of Defence Nosiviwe Mapisa-Nqakula. (GCIS)
Minister of Defence Nosiviwe Mapisa-Nqakula. (GCIS)
  • An inquiry into the death of Collins Khosa is not complete, so there is no determination that he was murdered, says Defence Minister Nosiviwe Mapisa-Nqakula.
  • Her comments come after an inquiry found that SANDF soldiers could not be held liable for the 40-year-old's death.
  • The findings were in an explanatory affidavit filed to update the Gauteng High Court in Pretoria on what steps had been taken to adhere to Judge Hans Fabricius' orders.

Minister of Defence Nosiviwe Mapisa-Nqakula on Thursday said the inquiry into the death of Collins Khosa is not complete and, as such, there can be no determination on whether he was murdered.

Earlier on Thursday, the legal team representing Khosa's family rejected an inquiry report by the SA National Defence Force (SANDF), which apparently cleared soldiers of causing Khosa's death.

"The report by the SANDF is rubbish. We do not accept it, the evidence completely contradicts this report. It is ridiculous to say he died of some other cause," Wikus Steyl, of Ian Levitt Attorneys, told News24 on Thursday.

News24 reported earlier that the board, led by Brigadier Viscount Ngcobo, found that Khosa and his brother-in-law, Thabiso Muvhango, undermined the female soldiers who approached them about drinking alcohol in their yard.

Khosa is understood to have died after a confrontation with the soldiers.  

The case appeared before the Gauteng High Court, at which Judge Hans Fabricius ruled in favour of Khosa's family, 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 cannot be suspended, even during a state of emergency.

As a result, SAPS and the SANDF were directed by the court to, among others, suspend the soldiers, pending an investigation, and it had to develop a code of conduct for both SAPS and SANDF, as well as institute disciplinary proceedings.

Mapisa-Nqakula said she was taken by surprise to hear the report into Khoza's death "is in the hands of the media".

"Firstly, because all processes have not been exhausted in dealing with that issue," she said during a live televised briefing on the regulations for Level 3 of the lockdown, which commences on 1 June. 

"You have various entities within the [SANDF] who are cooperating in conducting the investigation related to this matter," she said. 

"So any suggesting that in fact the soldiers if [there were] any soldiers, or police, or whoever, were implicated in the murder of the gentleman, it's a matter which I do not want to comment on, precisely because it's a matter which is still under investigation and in terms of the court, in fact, it is a sub judice matter," she said. 

She said the SANDF had already stated it would not appeal a court ruling on directives given to the SANDF on how they should conduct themselves while doing their work.

"But anything else, which relates to whether this is a murder case or not, is a matter which I would rather not comment on until such time the whole investigation has been concluded," she said. 

She added that the court did not deal with whether Khosa was murdered or not.

News24 reported that the police are still investigating. 

We live in a world where facts and fiction get blurred
In times of uncertainty you need journalism you can trust. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Journalism strengthens democracy. Invest in the future today. Thereafter you will be billed R75 per month. You can cancel anytime and if you cancel within 14 days you won't be billed. 
Subscribe to News24
Voting Booth
Eskom has considered continuous load shedding at Stage 2, instead of introducing it when the power system faces a crunch. What are your thoughts?
Please select an option Oops! Something went wrong, please try again later.
Results
I'm all for it - we're going to have power cuts regardless, so we might as well have some stability to better plan our lives
45% - 4183 votes
No thanks! I prefer having periods of no load shedding and we cannot normalise this crisis
55% - 5058 votes
Vote
Rand - Dollar
17.93
-1.8%
Rand - Pound
19.45
-0.0%
Rand - Euro
17.37
-0.0%
Rand - Aus dollar
11.70
-0.0%
Rand - Yen
0.13
-0.0%
Gold
1,643.66
0.0%
Silver
18.87
0.0%
Palladium
2,073.00
0.0%
Platinum
858.50
0.0%
Brent Crude
86.15
-5.0%
Top 40
57,110
-3.1%
All Share
63,417
-2.9%
Resource 10
56,319
-7.5%
Industrial 25
78,436
-1.2%
Financial 15
14,142
-1.6%
All JSE data delayed by at least 15 minutes Iress logo
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE