Collins Khosa: Military Ombud Finds Soldiers Acted ‘Improperly’ in Alexander

The Office of the Military Ombud has found that the official conduct of South African National Defence Force (SANDF) members was improper, irregular and in contravention of the Code of Conduct, Operational Orders and Rules of Engagement in their interaction with the Khosa family and other members of the public in Alexandra during the lockdown.

Collins Khosa was killed at his home on 10 April. In papers before the North Gauteng High Court, the family said Khosa was strangled, slammed against a cement wall and a steel gate, and hit with the butt of a machine gun. Afterwards, he could not walk, began to vomit and lost speech, they said. A few hours later his partner, Nomsa Montsha, could not wake him up.

Military Ombud Lt Gen (Ret) Vusumuzi Masondo says: “We also found that the Platoon Commander failed to command the platoon, in line with Command Orders.”

The Military Ombud, which was assigned by the Minister of Defence and Military Veterans to conduct the investigation, submitted its report earlier this month, with findings and recommendations, to the Minister.

The investigation was an administrative inquiry into the conduct of members of the SANDF, which is separate from the criminal investigation conducted by the South African Police Service. (An internal SANDF probe had shocked South Africans in May when it exonerated the soldiers.)

The investigation conducted by the Military Ombud is an independent investigation, in terms of the Military Ombud Act.

Masondo, meanwhile, said investigations into other complaints are ongoing. So far, the office has received 32 complaints from members of the public against members of the SANDF since the beginning of lockdown.

These complaints are at different stages of investigation. In cases where there was a joint operation, the law enforcement agencies concerned conduct their own investigation into the conduct of their members.

The Military Ombud has appealed to members of the public, who lodge complaints with his office, to do so in writing, using the prescribed Complaint Form, which can be obtained from www.milombud.org.

The Military Ombud is mandated to conduct investigations without fear, favour or prejudice. It is generally accepted that allegations of misconduct against members of the SANDF while conducting official duties, including official duties performed during the lockdown, fall under the ambit of “official conduct of a member” for the purposes of section 4(1) (c) of the Act.

The Office of the Military Ombud can be reached via intake@milombud.org, WhatsApp 012 676 3800.

Sources include SAnews.gov.za