Pietermaritzburg – The High Court in Pietermaritzburg will decide in October what amount in damages the state must pay to the mothers of three children whose father was tortured to death by policemen in 2009.The two policemen, Lucky Mdluli and Bonwayinkosi Nxumalo, who were stationed at Ulundi, were found guilty in 2012 of culpable homicide and kidnapping charges arising from the death of Nkosinathi “Nathi” Nkwanyana in a forest at Melmoth on May 6, 2009.
Judge Trevor Gorven, sitting in the high court at Mtunzini, sentenced each of the men to a total of 13 years’ imprisonment in respect of the charges.
According to the court record, Nkwanyana had been suspected of having committed “certain offences”.
The policemen took it on themselves to “extract” information from him by whatever means possible, including torture.
On the day of the incident they fetched Nkwananya and his wife, Nonhlanhla Ntanzi, from their home and drove to a plantation.
They took Nkwanyana out of the vehicle and into the forest, where they assaulted and tortured him.
After a while they returned to their vehicle with Nkwanyana. They then drove back to the couple’s home but only dropped off Ntanzi.
They returned to the forest again with Nkwanyana and again tortured him.
He died of “congested lungs and haemorrhaging”.
High court judge Shyam Gyanda granted an order last week holding the police liable for damages in respect of the three children Nkwanyana left behind.
On Friday Judge Graham Lopes adjourned all three cases to October 5 and 6 for determination of the amounts the state is liable to pay the mothers or guardians for loss of support in respect of each child.
PH
