Taxi boss’s family sues police for R2.3m

While the death of KwaZulu-Natal taxi boss Bongani Mkhize at the hands of police officers remains under investigation, his family has launched a R2.3 million lawsuit against the police service for damages.

Mkhize, 44, of Maphumulo, was shot dead in broad daylight after allegedly opening fire on police while driving on Umgeni Road, Durban, in February 2009. Officers from the Cato Manor organised crime and national intervention units returned fire, and Mkhize was killed.

Police said at the time that Mkhize had been linked to the murder of traditional leader Mbongeleni Zondi, 37, head of the Zondi clan, who was killed in Umlazi in 2009.

The Mercury has learnt that Mkhize’s death is one of several cases under review by the police watchdog, the Independent Complaints Directorate (ICD), following a newspaper report alleging the existence of a death squad in the Cato Manor unit.

Mhkize’s case is believed be one of four in respect of which the ICD has taken statements from policemen attached to the Cato Manor unit.

Once the investigations are finalised, these cases would be forwarded to the director of public prosecutions.

The attorney acting for the policemen, Carl van der Merwe, confirmed that statements had been taken from his clients. “We are co-operating,” he said.

The ICD said it would hold a media briefing once its probe was concluded.

Mkhize’s death was labelled as “suspicious” from the outset by criminologists, as it came just three months after he had made an extraordinary high-court application, calling for police not to kill him. He claimed that he was being sought by the Durban organised crime unit in connection with the murder of Kranskop Superintendent Zethembe Chonco.

Seven suspects wanted in connection with Chonco’s murder had been killed by members of the unit when they allegedly resisted arrest. In his affidavit, Mkhize had claimed that his name was on a list of suspects compiled by the police.

He said many people on the list had been killed by the police “under questionable and suspicious circumstances”.

The matter was eventually settled with the police agreeing not to unlawfully kill, injure, harass or intimidate Mkhize.

On Friday, Petrus Coetzee, the attorney representing the Mkhize family, said summons had already been issued against the minister of police.

According to the summons, Mkhize’s wife and his four children are claiming for damages, alleging that his death was “wrongful and unlawful”, and that he was killed by on-duty police officers.

The R2.3m claim is based on an actuarial report in which the Mkhize family’s loss of support was calculated.

According to the report, Mkhize was a businessman and owned five taxis, which earned R31 000 a week.

In its plea, the police ministry claims that the officers had shot Mkhize in self or private defence.

Coetzee also questioned the actions of the ICD, saying he had had to resort to legal action to obtain a copy of the criminal case docket from the body to prepare for the civil trial.

He brought an application in the Pietermaritzburg High Court against ICD investigator Mia Williams to compel her to give him a copy of the docket in November last year.

In his court papers, Coetzee said Williams had given a copy of the docket to the state attorney and had promised to give it to him. However, she later refused to supply it to Coetzee, claiming that the information therein was “highly sensitive and very confidential”.

“It is unfair that the defendant (minister of police), via the state attorney, is placed in possession of the docket and the plaintiffs are denied access.” - The Mercury