Cato damages victory

The state will have to pay damages to the family of a taxi boss killed by members of the police's disbanded Cato Manor organised crime unit.

The Pietermaritzburg High Court yesterday made an order in favour of Bongani Mkhize's wife, Fakakile, after the state was forced to abandon its case and accept liability for Mkhize's 2009 killing in Durban.

The state will prosecute the members of the unit - branded a "death squad" - later this year.

On November 14 2008, Mkhize succeeded in his application for an interdict prohibiting the police from "assaulting, harassing or killing" him. He told the court that he had been "reliably informed by certain members of the SAPS" that he was being sought by the unit in connection with the murder of the police's taxi task-team investigator, Superintendent Zethembe Chonco.

In February 2009, Mkhize was killed after a high-speed chase in Durban's Umgeni Road.

The Mkhize family sued for R2.4-million. Though finding for the family, the court yesterday ruled that damages would be determined later.

Rod Cullum SC, for the state, said it was essential that the civil case be postponed until after the trial of the Cato Manor policemen because the accused had a constitutional right to refuse to answer incriminating questions.

He said the state would be unable to prove its case if the policemen exercised this right.

Judge Gregory Kruger said he "could not get his head around that argument".

"One does accept that whoever goes into the witness box will tell the truth, the whole truth and nothing but the truth.

"From my reading of the [court] papers, the defendants say they acted lawfully in self-defence. If they enter the witness box and tell the truth how can they incriminate themselves?" the judge asked.

Outside court Fakakile Mkhize and two of her children, Zamambo, 26, and Nkosiphile, 24, said they would attend the criminal trial.

"We want justice to take its course," Zamambo said.

In 2012 the unit was accused of being a criminal enterprise.

Its head and 29 other policemen were charged with 28 counts of murder, housebreaking, unlawful possession of firearms and ammunition, assault and theft.