In its ruling the high court sought to restore the ‘social contract’ between citizens and government after the assault and death of Collins Khosa.
) — allegedly at their hands. The court heard from his family that he was severely assaulted by soldiers, including being strangled, slammed against a cement wall and a steel gate and hit with the butt of the machine gun.
Instead, “the very institutions that have been created to safeguard and protect the population … are the very persons who now fail to impose the appropriate internal remedies against the transgressors”, he said.on torture in South Africa, which found state institutions had not been investigating allegations of state torture promptly and impartially, Fabricius said “the present case seems to bear this out”.
In addition, internal investigations into Khosa’s death must be completed and the reports have to be lodged with the court before June 4 and those implicated in Khosa’s death must be put on precautionary suspension pending the investigations.
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