Death of Collins Khosa: SANDF soldiers violated military code of conduct

The South African National Defence Force’s (SANDF) military Ombudsman Vusumuzi Masondo has made findings against the soldiers implicated in the death of Collins Khosa, concluding that they acted irregularly, improperly and acted in violation of their code of conduct.

Khosa died back in April 2020 after he was allegedly attacked by SANDF members who had stormed his home in Alexandra, Johannesburg, over claims he infringed lockdown rules. Khosa’s death put focus on the heavy-handedness of law enforcement officials towards civilians, particularly during the lockdown.

Video footage of the incident went viral on social media, sending shockwaves across the country.

Ombudsman: Action must be taken against SANDF soldiers

Defence Minister Nosiviwe Mapisa-Nqakula appeared before Parliament on Wednesday, 20 August 2020 and said the criminal element of the matter fell outside of the SANDF’s scope.

“…in the process of conducting a search for alcohol, various acts of misconduct were committed by unfortunately , the soldiers. (The ombudsman) concluded that the official conduct of these members was improper, irregular and in contravention of the code of conduct, operational order and rules of engagement”, the minister said.

“The investigation of the ombudsman doesn’t deal with the criminal investigation which is dealt with by law enforcement agencies. The ombudsman investigates the behaviour of SANDF members”, Mapisa-Nqakula said.

While the nature of the criminal charges remain unclear, the SABC reports that they are accused of murder.

The four officials who were at the scene when Khosa died, were suspended following a decision by the North Gauteng High Court in Pretoria after Khosa’s family took legal action.

SANDF internal inquiry

The minister said the SANDF members have been mum, as per their lawyer’s instructions – but added that it did not deter the ombudsman in his investigation.

“Maybe due to fear of incriminating themselves, perhaps it was correct not to provide answers to the ombudsman. That still did not mean the ombudsman couldn’t make a finding on this case,” Mapisa-Nqakula said.

The ombudsman has also recommended that appropriate disciplinary measures should be taken against the commander of the platoon who was on the ground and those who were present at the scene of Khosa’s death.

The recent finding is a far cry from one which was made by the SANDF into the matter – which cleared the officials in any wrongdoing.

Khosa’s family had alleged that Collins was brutally assaulted by way of strangulation, being struck by the back of a gun and slammed against a wall, however the military’s board of inquiry cited a report by a pathologist which found there were no injuries linked to the cause of his death.