On Friday, Judge Hans Fabricius handed down judgment in favour of the family of Collins Khosa who had launched an urgent application after he was beaten to death allegedly by members of the SA National Defence Force (SANDF) in Alexandra, Johannesburg, in March.
The court ordered the minister of defence, secretary for defence, chief of the SANDF and minister of police to command their members to adhere to the absolute prohibition on torture and cruel, inhumane or degrading treatment or punishment, and to apply only the minimum force that was reasonable to enforce the law.
The court also ordered the ministers of defence and police to ensure that investigations into the treatment of Khosa and any other person whose rights might have been infringed during the national state of disaster at the hands of members of the SANDF, police and any metro police departments be completed and the reports handed to the court before 4 June.
Frabricius ordered the ministers of defence and police to develop and public a code of conduct and operational procedures regulating the conduct of members of the SANDF, police and metro police departments in giving effect to the declaration of the national state of disaster.
An order was also handed down to establish a freely accessible mechanism for civilians to report allegations of torture or cruel, inhumane or degrading treatment or punishment, committed by members of the SANDF, police and metro police during of the national state of disaster.