Africa-Press – South-Africa. The family of Hillary Gardee has approached the court in a bid to have the case transferred to the Hawks and compel the police to make more arrests in connection with her murder.
Gardee family spokesperson, Sinawo Tambo, said the family had approached the Gauteng High Court in Pretoria in the hopes of obtaining an order to compel the South African Police Service (SAPS) to “do their work and bring all culprits to book”.
The court application follows claims by the family that police had failed to act on video footage implicating more people in Gardee’s robbery, rape, and murder.
Three men – Philemon Lukhele, 47; Sipho Lawrence Mkhatshwa, 39; and Albert Mduduzi Gama, 52 – have been arrested on charges of murder, rape, possession of an unlicensed firearm and ammunition, as well as conspiracy to commit murder.
Tambo said:
Police ministry spokesperson Lirandzu Themba said the ministry has “noted the court papers”.
“The matter is before the court and we will comment once it’s finalised,” she said.
National Prosecuting Authority (NPA) spokesperson Monica Nyuswa said the “NPA is not cited as a party to the urgent application” and was therefore “unable to comment”.
News24 previously reported that Gardee’s father, former EFF secretary-general Godrich Gardee, said he had supplied the police with evidence of other people who had also been involved in his daughter’s murder, but that no arrests had been made.
At the time, Tambo said “verifiable and credible evidence” had been handed over to the police.
EFF, Godrich Gardee claim police need to arrest more suspects in his daughter’s murder case
According to Tambo, delaying any further arrests could lead to evidence becoming compromised.
The family hoped that a court order would see the case being transferred to the Hawks.
Tambo added:
Tambo said the family’s legal team also intended to apply for an in-camera hearing due to the “sensitive evidence alluded to in the papers”.
Gardee was reported missing on 29 April, after she was last seen at Spar in the Plaza Shopping Centre in Mbombela in Mpumalanga with her three-year-old daughter. The girl was later found abandoned in Kamagugu, where they both lived.
Police later found Gardee’s body in a timber plantation near Sabie. At the time, Mdhluli said she had a wound to the head, bruises to her body, and that there were blood stains at the scene.
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