THE family of Mido Macia intends instituting a civil claim against Police Minister Nathi Mthethwa, their lawyers said yesterday.

"Jurgens Bekker Attorneys have been instructed by the Macia family to represent them, to advise them and to institute civil proceedings against the minister of police for the unlawful death of Emidio Macia," attorney Andrew Boernar said.

They had not yet filed court papers.

"We still have to consult with the family and calculate how much damage has been incurred."

Boernar said they would attempt to recover their fee not from the family, but from the police ministry.

Macia, 27, a minibus taxi driver and Mozambican national, was tied to the back of a police van and dragged along a street in Daveyton on February 26. An eyewitness filmed the assault.

He was found dead in the local police station's holding cells several hours later.

A postmortem revealed he had died of head and internal injuries.

Nine police officers had been arrested for his murder.

Macia was buried in Mozambique on Saturday.