DUT security guards who shot a student, will not be prosecuted
The National Prosecuting Authority said there was insufficient evidence to prove the murder charge against the two Excellent Security Services guards, who were taken in for questioning a day after the shooting; therefore it had decided not to prosecute the guards.
Mlungisi Madonsela, 20, a third-year business administration student from Jozini in north-eastern KwaZulu-Natal, was killed during a student protest on February 5, outside the Open House building opposite the Steve Biko campus at DUT.
At the time, it is believed that Madonsela was part of a group of about 30 students armed with bricks and rocks who tried to storm an administration building to gain access to the institution.
He was allegedly shot during an altercation with security guards and later died at the Durban City Hospital.
It is believed that Madonsela was hit by a stray bullet and the security guards were armed with live ammunition at the time, as they had been hired by the university to protect students from muggings along the perimeter of the university.
In response to questions from The Mercury, KwaZulu-Natal acting director of Public Prosecutions advocate Elaine Zungu said the two security guards, whose names were not released, had their murder charges withdrawn “as there is insufficient evidence to prove all the elements of the murder charge against them”.
“As it’s a murder matter, the matter has been referred for an inquest. We shall wait for the outcome of the inquest proceedings,” Zungu said.
The Private Security Industry Regulatory Authority (Psira) said that while the matter did not go to the criminal court, the security company had been fined.
Psira spokesperson Oupa Mamabolo said that a fine was imposed on Excellent Security Services, but could not provide more details.
“All I can say, at this time, is that we have finalised the matter and a fine was imposed by Psira. I can’t confirm the amount of the fine,” Mamabolo said.
The Durban University of Technology did not reveal what their internal investigation found. It said it was only informed that the security guards were not prosecuted.
“The SAPS have informed the Durban University of Technology that, after considering all of the facts in the case, the control prosecutor declined to prosecute any person. Therefore, nobody was charged and the matter was finalised by the police,” spokesperson Alan Khan said.
Approached for comment about the matter, Madonsela’s family, who confirmed that they were aware of the outcome of the case, declined to speak to the media as they said they needed time to discuss the issue.