Durban - The Pietermaritzburg High Court’s finding that the minister of police was liable for the death of a taxi boss, allegedly at the hands of the now disbanded Cato Manor organised crime unit, stands.
Judge Gregory Kruger on Tuesday refused the minister leave to appeal against his decision in May last year, refusing a postponement of the civil trial. The judge said the application should have been brought when he refused to adjourn the matter.
Taxi boss Bongani Mkhize was shot in Umgeni Road, Durban, five years ago. Police alleged he had opened fire on them first.
His widow, Fakazile, and her four children sued the police, claiming R2.4 million in damages. Their application was opposed by the State and was set down for trial to determine liability.
On the day the trial was meant to start in May last year, the State applied for a postponement on the grounds that the policemen involved in the shooting of Mkhize had been arrested and were facing criminal charges for his murder, and others, in Durban.
They were reserving their right to remain silent and would not testify in the civil trial. At the time, senior advocate Rod Cullum, representing the police, told the judge the policemen’s constitutional rights would be infringed if they testified in this case.
Judge Kruger said one had to accept that whoever went into the witness box had to take the oath and tell the truth.
The judge ordered the trial to begin and told the State to call its witnesses, but there were none. The judge asked if Cullum was closing his case and he said yes. Judge Kruger then ruled in the family’s favour. However, the amount they would be paid was not determined and would be set on a date still to be arranged.
The Mercury