While family, friends and students will be celebrating the life of the late Mthokozisi Ntumba on Thursday, the state is expected to reply and defend itself against the family’s R56m lawsuit.
Rupert Candy, the lawyer representing Ntumba’s wife, Thandi and her three children, told Sowetan that the state had indicated it would fight the lawsuit.
“It is still in the early stages. The state has to file its defence by Thursday. Of course, we are waiting for a settlement because in our view, the matter is clear cut. The matter should be settled,” Candy said.
Ntumba was killed on March 10 2021 in Braamfontein when police fired rubber bullets dispersing students who were protesting in the area. He had just seen a doctor before he was caught in the crossfire. Thursday marks a year since his killing.
His death sent shockwaves across the country, sparking debates about the use of force by police during public protests.
The Ntumba family is suing for funeral costs, emotional shock, trauma and grief, medical treatment for impaired mental health and loss of support.
It also wants to ask the court to order the police to establish a fund called the “Mthokozisi Ntumba Memorial Fund” for the education of youth affected by police brutality. The fund must be “maintained in perpetuity” and the police must put at least R500,000 into it every year, the Sunday Times reported last month.
Candy said things had been difficult for Thandi and her children, aged eight, four and one.
“It is really sad what’s happened because Mr Ntumba was a breadwinner for the family. He has left three young children behind. It is quite difficult. The family is distraught. It is understandable why they cannot take calls [from the media] while the case is going on,” Candy said.
Candy is representing the family on a contingency basis, meaning he will only be paid if he succeeds in the matter. Four police officers have been charged with Ntumba’s murder.
In the trial, which has resumed before the Johannesburg High Court, the Independent Investigative Directorate’s Judy Thwala testified that the officers did not properly record Ntumba’s killing in the incident report information system. They also did not capture the incident in the occurrence book as required.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.