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Home South Africa

Gardee’s family sues Justice Department for alleged negligence

19 October 2022, 5:46 AM  |
Motsebi Monareng Motsebi Monareng |  @SABCNews
A framed picture of Hillary Gardee in a courtroom.

A framed picture of Hillary Gardee in a courtroom.

Image: Tumelo Machogo

A framed picture of Hillary Gardee in a courtroom.

The late Hillary Gardee’s family in Mbombela, Mpumalanga, is suing the Justice and Correctional Services Department for R18 Million for alleged negligence.

The family says it has information that Russia Nkune, one of the accused in her murder, was on parole when the daughter of the former Economic Freedom Fighters (EFF) secretary-general Godrich Gardee was murdered.

The family says Nkune violated his parole conditions by disappearing for almost two years after his release in 2019.

Nkune was arrested for an alleged rape case which was later withdrawn.

Charges for the violation of parole conditions were reportedly not pressed against Nkune.

According to a letter from the law firm representing the Gardee family, Nkune absconded from parole management for two years.

The family believes that had the Justice and Correctional Services Department performed its duties with diligence, their daughter would be alive.

Nkune would had been re-arrested in 2019 and be eligible for released next year.

The family now demands R18 Million from the department for trauma and constitutional damages.

Philmone Lukhele, Sipho Mkhatshwa, Mduduzi Gama and Nkune are accused of the murder of Hillary Gardee.

Her body was found in a timber plantation outside Mbombela, a few days after being reported missing early this year.

Bail application

On Monday, the bail application of one of the four men accused of the rape and murder of Hillary Gardee was postponed to next week Tuesday at the Nelspruit Magistrate’s Court in Mpumalanga.

Sipho Mkhatshwa’s defence attorney failed to make it to court.

Last week, Mkhatshwa’s defence attorney Lesego Kwakwa said they decided to re-apply for bail based on new facts.

Two of the four suspects in the murder of Hillary Gardee are expected to make second attempts on their bail.

Previously, the court had denied bail to Mkhatshwa and Gama, Lukhele abandoned his bail application while Nkune did not apply.

Mkhatshwa’s application has been postponed to Monday.

VIDEO: Lawyer for twi of the accused in the Hillary Gardee murder case explains new bail bid:

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Tags: MpumalangaMbombelaHillary GardeeThe Justice and Correctional Services DepartmentRussia Nkune
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