The R300m Hillary Gardee lawsuit in numbers

The three men who are suing the state for more than R300-million over the bungled Hillary Gardee murder case have provided a breakdown of their claim.

The men are citing, among others, unlawful arrest, malicious prosecution, assault, loss of income, and defamation.

The high-profile murder case of Gardee hogged international media headlines early in 2022.


The men who were arrested for killing the daughter of former EFF secretary-general Godrich Gardee are demanding R100-million each from Police Minister Bheki Cele and National Prosecuting Authority head Shamila Batohi for wrongful arrest and malicious prosecution.

In a separate case, the politician is also suing Justice and Correctional Services Minister Ronald Lamola for R18-million for negligence.

The former red berets MP said the man who admitted to killing his daughter was released on parole and allegedly violated it, but was never re-arrested before killing her.

News that the men are suing the state is contained in two different letters of demand, which were sent to Cele, Batohi and Lamola.

Here is what Cele and Batohi have been told to pay for:

Philemon Lukhele is suing:
* R49 500 000 for unlawful arrest and detention,
* R1 500 000 for contumelia, assault, legal fees, and inconvenience:
* R33 000 000 for malicious prosecution,
* R349 00 000 for legal fees,
* R2 5000 000 for defamation of character,
* R13 009 528 for loss of future income,
* R899 372 for loss of income while he was in police custody, and
* R2 200 000 for future loss of income


Total: R115 780 000

Sipho Lawrence Mkhatshwa is suing:

* R49 500 000 for unlawful arrest and detention,
* R1 500 000 for contumelia, assault, legal fees, and inconvenience:
* R33 000 000 for malicious prosecution,
* R6 760 000 for loss of business income as he was running a guest house before he was arrested,
* R5000 000 for defamation of character,
* R17 600 000 for loss of future income,
* R899 372 for loss of income while he was in police custody,
* R80 000 for wasted wedding expenses,
* R40 000 for the replacement of his car, and
* R10 000 to fix his gates and security doors,

Total: R100 972 900

Albert Mduduzi Gama is suing:

* R49 500 000 for unlawful arrest and detention,
* R1 500 000 for contumelia, assault, legal fees, and inconvenience:
* R33 000 000 for malicious prosecution,
* R44 000 loss of income while in police custody, and
* R572 000 for loss of future income

Total: R84 616 000

Gardee’s body was found in a plantation in Sabie outside Mbombela in Mpumalanga four days after she went missing in the Nelspruit CBD where she had gone shopping with her adopted toddler.

 

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