Durban - The family of slain Durban University of Technology student Mlungisi Madonsela say they want the case to proceed speedily so that they can begin the healing process.
This comes after the matter was heard in the Durban High Court on Thursday.
At the time of his death, the 20-year-old staunch student activist from Jozini in northern KwaZulu-Natal was enrolled as a third-year-student and pursuing a national diploma in business management.
He died on February 5, 2019 at a city hospital after having been shot in a scuffle between students and private security guards during a student protest.
It is alleged that a group of students were gathered under a tree in Ritson Road, opposite the Steve Biko Campus. One student was pepper-sprayed after refusing to move, which resulted in an altercation between the students and the security personnel.
A security guard allegedly fired three shots at the students, resulting in the death of Madonsela.
On Thursday, the court heard the matter between the plaintiffs (Zodwa Madonsela, Mantindane Madonsela, Smanga Mkhwanazi, Sabelo Mkhwanazi, Thulisiwe Madonselsa, and Senamile Madonsela) and the defendants (Durban University of Technology, XTLG Consulting and Projects t/a XCellent Security Services, and Bhengu).
Mlungisi’s representatives brought their claims forward, citing burial and funeral expenses, emotional shock, trauma, and grief.
They said these losses had been caused by the wrongful and culpable conduct of the defendants.
The plaintiffs have also lodged a claim for future loss of support, as the deceased was in his final year of a diploma in management science (business administration) and would have been in a position to support his family going forward, as he was the first person in the family to attend university.
The presiding judge ruled that the court’s decision would be delayed a while longer.
This was after Durban University of Technology noted an exception, meaning they were dissatisfied with the documents setting out the case and the facts relied upon that had been put forward by Madonsela’s legal team.
The judge supported the motion, saying he was of the view that an adjournment was needed for the plaintiffs to amend their particulars of claim, as he was not convinced they were sufficiently supported by evidence and probable solutions.
He gave Madonsela’s legal team 10 days in which to make these adjustments, and stated that failure to do so would result in a costs order against the plaintiffs.
According to Angelike Charalambous, a legal representative of the plaintiffs, they had a solid case.
“They had issues with our particulars of claim, but we do not believe that those complaints have any merit.
“We were here today to argue the exception, but unfortunately the judge found in their favour and ordered that we amend our particulars of claim within 10 days.
“So we have 10 days to amend the particulars of claim, which we will do, and then hopefully the matter can proceed,” she said.
Smanga Madonsela, the older brother of the deceased, described the outcome of the case as frustrating.
“Although we are not happy about the current stage of the case and the pace at which it is moving, we are pleased that there is some progress nonetheless. We are a little hopeful that something positive will come of it,” he said.
He said that life had not been the same since his brother’s death, and he hoped for some form of compensation for the entire family.
SUNDAY TRIBUNE