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JMPD says it will suspend officers who were at slain Collins Khosa's house

Collins Khosa was allegedly killed by soldiers in Alexandra on April 10. It has emerged in court that the JMPD has undertaken to suspend officers who were at Khosa's home at the time.
Collins Khosa was allegedly killed by soldiers in Alexandra on April 10. It has emerged in court that the JMPD has undertaken to suspend officers who were at Khosa's home at the time.
Image: Alaister Russell

The Johannesburg metropolitan police department (JMPD) has undertaken to immediately start suspension proceedings against officers who were at the home of Alexandra resident Collins Khosa on April 10.

This emerged in the Pretoria high court on Wednesday in an application by the Khosa family, which seeks a number of orders to ensure that members of the public are protected by soldiers and police during the lockdown.

Khosa, 40, was killed on April 10 after an altercation with members of the South African National Defence Force (SANDF) and the JMPD.

Khosa's life partner Nomsa Montsha stated in an affidavit that she was at home with Khosa and two others when the SANDF members accused Khosa of violating lockdown regulations.

Montsha said Khosa was taken outside the yard, where the SANDF soldiers poured beer on top of his head and on his body, slammed him against the cement wall, kicked, slapped and punched him.

He died a few hours later.

In an application before the high court, which was heard on Tuesday and Wednesday, the family sought a number of orders, one of which was that - pending the outcome of any investigation or disciplinary procedures - the SANDF, police or JMPD management should render off duty and disarm all members who were present at, or adjacent, Khosa's house on April 10.

The family also wanted an order compelling the SANDF and the police to develop and publish a code of conduct and operational procedures regulating the conduct of the members of the SANDF, police and the metro police departments.

They also sought the police and the SANDF to institute a special investigation, led by a retired judge, into acts of torture or cruel, inhuman or degrading treatment allegedly committed by members of the police, the SANDF and the metropolitan police departments.

The ministers of defence and police opposed the application, saying there were adequate safeguards in place to deal with wrongdoing against police and SANDF members.

The court reserved judgment.

Tembeka Ngcukaitobi, the Khosa family's lawyer, said on Wednesday afternoon that they no longer sought any relief against the Ekurhuleni metropolitan police department.

In the case of the JMPD, Ngcukaitobi told judge Hans Fabricius that there had been a development.

"The JMPD has undertaken to immediately commence suspension proceedings in relation to those officers who were present on 10 April," he said.