Friday, May 15, 2020

COVID-19 and military justice (South Africa)

Judge Hans Fabricius of the Gauteng Division of the High Court of South Africa in Pretoria today handed down his ruling in Khosa and Others v Minister of Defence and Military Veterans and Others (21512/2020) [2020] ZAGPPHC 147 (15 May 2020). This was the litigation that arose out of the death of Collins Khosa in the course of police and Defence Force COVID-19 lockdown operations. The decision orders, among other things, that the personnel who were present during the incident should be suspended while the case is investigated. It also requires personnel to be trained in their duties under the Constitution. The ruling is subject to appellate review.

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