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, allegedly killed the couple in front of their minor children. He went on to murder several other people, including his girlfriend and her sister, before being arrested in August 2022.
According to the Mogashoa family, they want the police minister to be held liable for allegedly failing to properly supervise Nkuna's co-accused, Jacob Chego, who made it possible for him to access the couple and later kill them. The family also wants correctional services to be held liable for failing to adequately monitor Nkuna while he was on parole. Nkuna had previously been declared an absconder after breaching his parole conditions.
Rassie Nkuna was sentenced to four years direct imprisonment in 2015 for offences including unlawful possession of a firearm and ammunition. Within a year, he was released on parole but breached his parole conditions and was declared an absconder in August 2018. He was arrested for several offences, including rape and kidnapping, but the charges were later struck off the roll and he was released.
The notice of intention to sue, prepared by Godrich Gardee Attorneys, sets out Nkuna's criminal history and the circumstances surrounding his parole. It states that Nkuna was never brought before the CSPB for revocation of his parole and that the G306 warrant issued in respect of his outstanding sentence was signed by an official who had no written authority to sign on behalf of the head of the centre.
Lucky's sister, Joyce Mogashoa, said the family hoped the lawsuit would not only result in compensation but would also encourage the government to review its parole laws and how parolees are monitored after their release. The family was represented by Godrich Gardee Attorneys, which is also representing Hillary Gardee's family, who is suing the state.
Correctional services spokesperson Singabakho Nxumalo said the department would study the notice before responding. "It is important that all the details and information contained in the material are thoroughly considered and verified, in accordance with the applicable departmental prescripts and processes," he said. Police minister spokesperson Kamogelo Mogotsi said the matter would be handled by the department's legal team.
The lawsuit follows the Pretoria high court's sentencing of Nkuna and Chego to life imprisonment for the murder of the Mogashoa couple. The court found that they had acted in common purpose and that Chego had provided Nkuna with information about the couple and their vehicle, which had been recovered by police in Mpumalanga after it had been stolen.
Key points
- The family of a Gauteng couple murdered by serial killer Rassie Nkuna is suing the police minister and the department of correctional services for R20m.
- Nkuna was on parole at the time of the murder and had previously been declared an absconder after breaching his parole conditions.
- The lawsuit aims to hold the government liable for failing to adequately monitor Nkuna and to encourage a review of parole laws and monitoring of parolees.
