Court orders state to enable reporting of police and army abuse during lockdown

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This is part of a high court judgment in an application brought by the partner of Collins Khosa, who was allegedly tortured and killed by law enforcement members

South Africans are entitled to life and dignity during the lockdown and a mechanism for citizens to report allegations of abuse by the security forces during this period should be established within days.Pretoria high court judge Hans Fabricius said these rights were “non-derogable” even under a state of emergency.

SA has been under a lockdown since the end of March as the government battles to curb the spread of Covid-19. There is no indication as to when that State of Disaster will end. Fabricius handed down an order that declared that all people in SA during the State of Disaster were entitled to the right to human dignity and life, to not be tortured and not to be treated or punished in a cruel, inhumane and degrading way.

He ordered that only the minimum force that was reasonable for use during official duty be used, and that all members of the SAPS, SANDF and metro police be bound by legislation that prevents and combats torture.

 

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