Gardee family sue minister Lamola for R18m

The family of slain Hillary Gardee is demanding R18m from minister of correctional services Ronald Lamola.

In a letter of demand that the family's legal representative MM Mashele Attorneys addressed to Lamola, the Gardees are accusing Lamola's department of failing to keep Hlabirwa Rasie Nkuna, one of the suspects in Hillary's murder, behind bars despite allegations that Nkuna had violated his parole conditions for almost two years after he was released from prison in 2019.

"Your department acted negligently in releasing on parole Mr Hlabirwa Rassie Nkuna," said family lawyer Makhakheni Mashele in the letter.

He said Nkuna was facing 10 cases, including a spate of armed robberies, possession of a stolen motor vehicle and absconding from parole management for two years.

"The parolee was arrested for an alleged rape offence and subsequently the case was withdrawn, however, your department did not press charges for violating his parole conditions for such a long time and as such equivalent to escape from lawful custody.

"If the parolee had been charged for abscondment and violation of his paroled conditions when he was later arrested and released for an unrelated charge, he would have been released sometimes in 2023, and the late Hillary Gardee [the daughter of former EFF secretary-general Godrich Gardee] would not have been his victim, causing the Gardee family so much grief," said Mashele.

Hillary went missing on April 29 while shopping in town with her adopted three-year-old daughter in Mbombela, Mpumalanga.

The child was later that day dropped off at Umnenke Street at KaMaGugu, where they resided. 

Gardee’s lifeless body with stab wounds, boot prints and a gunshot wound was found by timber plantation workers on May 3, about 60km outside Mbombela, towards Sabie.

Nkuna has been linked to the killings of three other women, including one from Midrand, Johannesburg, whom he met on Facebook. The killing happened in August.

He has also been accused of killing his girlfriend Pretty Mazibuko and her cop sister Marcia in Kanyamazane, Mbombela, on May 15 – just 12 days after Gardee’s body was found.

The letter of demand is also addressed to national commissioner of correctional services Makhothi Samuel Thobakgale, regional commissioner of correctional services Thabo Thokolo and area commissioner of correctional services M Mhlongo.

Mashele said his clients instructed him to "demand an apology from Lamola and payment for general damages [pain and suffering, trauma and shock] and special damages [funeral costs, tombstone and incidental events] as a result of the brutal murder of their beloved daughter in the amount of R2m each for nine family members...

"All the above family members endured a gruesome five days sleepless nights in an expensive search and rescue effort and praying together all days and nights hopeful for the return of their loved one unharmed but in vain. The family spent a fortune on funeral expenses from day of body discovery to the aftermath of the funeral, including a traditional cleansing ceremony and tombstone in the future.

"In the circumstances, we are instructed to demand... that you should pay the total amount of R18-million which amount is in respect of emotional shock and trauma, personal security, and constitutional damages for our clients. The demanded amount herein should be paid within 60 days of receipt hereof..."

Mashele on Tuesday night confirmed that he had sent the letter of demand to the minister and his officials.

"We are proceeding against the department. I have been the attorney on record on behalf of the family. The demand is premised on case law, where the department has in the past been ordered to pay such costs to the aggrieved persons," he said.

Justice and correctional services spokesperson Chrispin Phiri said the ministry was aware of the correspondence from Gardee’s legal representative.

‘’The department  will duly attend to the allegations made in the letter of demand and respond accordingly through the state attorney as per State Liability Amendment Act,’’ said Phiri.

Nkuna, Albert Gama, Philemon Lukhele and Sipho Mkhatshwa have been charged with Hillary's murder, rape and abduction.

A fifth suspect who police said was found in possession of Hillary's belongings was later released.

Mkhatshwa has been denied bail while Nkuna and Lukhele abandoned their bail applications. 

sibanyonim@sowetan.co.za