The family of Lucky Mogashoa and his pregnant wife, Sabeliwe, who were murdered by Rassie Nkuna in March 2022, has served the police minister and the department of correctional services with notices of intention to sue for R20m. Nkuna, who was on parole at the time, killed the couple in front of their minor children. He went on to murder several others, including Hillary Gardee, Pretty Mazibuko, and her sister, Sgt Marcia Mazibuko.
Nkuna's killing spree led to his arrest in August 2022, after he allegedly murdered Nonkululeko Nkosi. An investigation linked him to the other cases, and he was subsequently charged. The Mogashoa family alleges that the police minister failed to properly supervise Nkuna's co-accused, Jacob Chego, who provided Nkuna with information about the couple and their vehicle. This, they claim, made it possible for Nkuna to access and kill the couple.
The family also holds correctional services liable for failing to adequately monitor Nkuna while he was on parole. Nkuna had previously been declared an absconder after breaching his parole conditions in 2017. He was arrested in 2019 for several offences, including rape and kidnapping, but the charges were later struck off the roll, and he was released. The family claims that correctional services failed to take appropriate action when Nkuna repeatedly breached his parole conditions.
According to the notice of intention to sue, Nkuna was classified as a high-risk offender and released in January 2022 under strict conditions, including regular home visits by an official. However, Nkuna was repeatedly not found at his registered address during these visits, but no action was taken. The family hopes that the lawsuit will not only result in compensation but also encourage the government to review its parole laws and how parolees are monitored.
The notice of intention to sue, prepared by Godrich Gardee Attorneys, sets out Nkuna's criminal history and the circumstances surrounding his parole. In 2015, Nkuna was sentenced to four years' direct imprisonment for offences including unlawful possession of a firearm and ammunition. He was released on parole within a year but breached his conditions and was declared an absconder in 2018.
Correctional services spokesperson Singabakho Nxumalo said the department would study the notice before responding. The police minister's spokesperson, Kamogelo Mogotsi, said the matter would be handled by the department's legal team, which would advise the minister on how to proceed. The Pretoria high court sentenced Nkuna and Chego to life imprisonment last month for the murder of the Mogashoa couple.
The lawsuit is one of several cases related to Nkuna's killing spree. Hillary Gardee's father, who is also suing the state, is representing the Mogashoa family. The family is demanding R20m from each department, and the case is expected to raise questions about the government's handling of parolees and the monitoring of high-risk offenders.
Key points
- The family of a Gauteng couple murdered by Rassie Nkuna is suing the police minister and correctional services for R20m.
- Nkuna was on parole at the time of the murders and had previously breached his parole conditions.
- The lawsuit alleges failure to supervise and monitor Nkuna, leading to the murders.
