Ntumba’s family welcomes approval of street renaming but anxious for justice

The family of Mthokozisi Ntumba has welcomed the City of Johannesburg’s decision to rename De Beer Street in his honour, saying the gesture is meaningful but does not bring closure as they continue to wait for justice through the courts.

Two weeks ago, the city council approved the renaming of the street after a public consultation process that began in March last year.

Ntumba was shot dead during a student protest in Braamfontein five years ago. The family says their civil claim against the SAPS has been plagued by delays. Their lawyer said a trial date had still not been set and they were concerned about repeated postponements, saying justice was taking far longer than expected.

Speaking on behalf of the family, attorney Rupert Candy said they appreciated the city’s decision to honour Ntumba but stressed that their primary concern remained the unresolved civil case against the minister of police.

“The family is appreciative of the gesture made by the council. They are happy that the street will be renamed after Mthokozisi. It provides some form of remembrance and reflection for him. I wouldn’t say it provides closure, because the main concern remains the conduct of the state,” Candy said.

According to Candy, despite former police minister Bheki Cele publicly acknowledging police responsibility shortly after Ntumba’s death, the state is yet to concede liability in court papers.

“The minister of police has filed a bare denial. They have not even put up a version of events. They’ve denied almost everything, including facts that are clearly not in dispute. We believe this has been a strategy to delay the matter for as long as possible,” he said.

Candy said two attempts to resolve the dispute through mediation had collapsed because of the state’s conduct.

“The first mediation failed after the minister of police withdrew. We tried again earlier this year, with both parties present, but once again the mediation failed due to the conduct of the state and the state attorney’s office,” he said.

With no agreement reached, the family’s legal team is now seeking the intervention of the high court registrar after repeated attempts to arrange a compulsory pre-trial conference allegedly went unanswered by the state’s legal representatives.

“We cannot obtain a trial date until a pre-trial conference has taken place. Because the state has failed to co-operate, we have now filed a notice requesting the registrar to intervene so the matter can proceed.”

Candy said the prolonged delays place an emotional and financial burden on Ntumba’s family.

“They lost a breadwinner in his 30s. His children are still young and have many years of schooling ahead of them, including tertiary education. The surviving spouse continues to carry that burden while waiting for justice.”

He questioned whether financial pressures on the state could be contributing to the delays, but stressed this was their view based on the conduct they had experienced.

“We honestly think there may be an instruction to delay these matters because of budgetary constraints. That’s our concern based on how this litigation has unfolded.”

Candy said the legal team had previously obtained a court order compelling the state to produce documents after it failed to comply with the discovery process. The court also ordered the state to pay legal costs of R30,818.22, which were taxed in June.

“That amount relates to a separate procedural application and is not the main issue. The real issue is that the family is still waiting for the civil claim to move forward after years of delays.”

While the City of Johannesburg has approved the street renaming, Candy said the family has not yet been informed when the new street signs will be installed.

Sowetan