The Gqeberha High Court has ruled that the minister of police and National Director of Public Prosecutions are liable to pay damages for negligence to the family of Clint Ovrenovitz, a 42-year-old plumber who was murdered in December 2014. Ovrenovitz was killed while fishing at the Swartkops River in Gqeberha by two men, one of whom was out on bail for murder and was considered by police to be among their “most wanted” criminals.
The murder was committed by Siphumelele Phethelo, who was eventually convicted of murder and other charges and sentenced to life imprisonment. Phethelo was 21 when he was arrested for the murder of Ovrenovitz. He and his co-accused “reeked of alcohol” and were found in possession of Ovrenovitz’s wallet. During his bail hearing, it emerged that Phethelo was on bail in connection with another murder.
In 2016, Ovrenovitz's widow, Claire, and her two children launched civil proceedings against the minister and the NDPP for negligence. The family claimed that the authorities failed to do their jobs properly, which led to Ovrenovitz's death. Judge Bantubonke Tokota heard the family’s liability claim earlier this year and handed down his judgment in July.
The court heard that Phethelo was arrested in June 2013 for the murder of a Mr. Henry and was released on bail later that month. While on bail, he was again arrested for assault with intent to do grievous bodily harm. In November 2013, he twice failed to appear in court for the Henry murder, and his bail was cancelled and a warrant issued for his arrest.
The prosecutor who handled the matter said Phethelo had made an affidavit in support of bail, stating that he was going to plead not guilty and he had no previous convictions. However, Judge Tokota said it was common cause that Phethelo was on bail in respect of the Henry murder charge and that he had lied when he stated he had no previous convictions.
The judge ruled that the minister and the NDPP are liable to pay damages to the family and pay costs. The amount to be paid is still to be determined, either through negotiation or at a separate trial. The court found that the authorities had a legal duty to ensure that Phethelo was dealt with in terms of the law after he was arrested for breach of his conditions of bail.
The ruling highlights the need for authorities to properly investigate and follow up on cases involving violent offenders who are out on bail. The Ovrenovitz family's lawyer said that the judgment is a significant victory for the family and sends a strong message to the authorities about their responsibilities in such cases.
Key points
- The Gqeberha High Court has found the minister of police and National Director of Public Prosecutions liable for negligence in the murder of Clint Ovrenovitz by a man who was out on bail.
- The court ruled that the authorities failed to properly investigate and follow up on the case of Siphumelele Phethelo, who was out on bail for murder and committed another murder.
- The amount of damages to be paid to the Ovrenovitz family is still to be determined, either through negotiation or at a separate trial.
