Family sues state for R20m after parolee serial killer Rassie Nkuna murders couple

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Opens in new windowOpens in new windowOpens in new windowOpens in new windowEnter fullscreen mode displaying this image.ExpandLucky and Sabeliwe Mogashoa were murdered by Rassie Nkuna in March 2022. File picture: Supplied. Story audio is generated using AI

The family of a Gauteng couple murdered by Rassie Nkuna, who was on parole at the time, has served the police minister and the department of correctional services with notices of intention to sue for R20m.

Nkuna murdered Lucky Mogashoa and his pregnant wife, Sabeliwe, in front of their minor children in March 2022.

He allegedly murdered Hillary Gardee a month later.

He then murdered his girlfriend, Pretty Mazibuko, and her sister, Sgt Marcia Mazibuko, in May.

A few months later in August, Nkuna allegedly murdered Nonkululeko Nkosi. It was the murder of Nkosi that led to his arrest, which resulted in him being linked to the other cases.

According to the Mogashoa family, they want the police minister to be held liable for allegedly failing to properly supervise Nkuna’s co-accused, Jacob Chego, who made it possibe for him to access the couple and later kill them.

The family also wants correctional services to be held liable for failing to adequately monitor Nkuna while he was on parole. This was because Nkuna had previously been declared an absconder after breaching his parole conditions.

The family is demanding R20m from each department.

Lucky’s sister, Joyce Mogashoa, said the family hoped the lawsuit would not only result in compensation but would also encourage the government to review its parole laws and how parolees are monitored after their release.

On Thursday, correctional services spokesperson Singabakho Nxumalo told Sowetan that the department would study the notice before responding.

“It is important that all the details and information contained in the material are thoroughly considered and verified, in accordance with the applicable departmental prescripts and processes,” he said.

Police minister spokesperson Kamogelo Mogotsi said the matter would be handled by the department’s legal team, which would advise the minister on how to proceed.

Last month, the Pretoria high court sentenced Nkuna and Chego to life imprisonment after finding that they had acted in common purpose in the murder of the Mogashoa couple.

The court found that Chego — who worked at a police station in Mpumalanga — provided Nkuna with information about the couple and their vehicle, which had been recovered by police in Mpumalanga after it had been stolen.

Nkuna later approached the couple, pretending that he could assist them in recovering their vehicle.

He ended up killing them as their young children watched. He left the children on the side of the road and a Good Samaritan took them to a police station.

The notice of intention to sue, seen by Sowetan, was prepared by Godrich Gardee Attorneys, which represents the Mogashoa family.

Gardee is Hillary Gardee’s father and is also suing the state.

The notice to correctional services sets out Nkuna’s criminal history and the circumstances surrounding his parole.

In 2015, Nkuna was sentenced to four years’ direct imprisonment for offences including unlawful possession of a firearm and ammunition. Within a year, he was released on parole.

In 2017, he breached his parole conditions and was declared an absconder in August 2018. The following year, he was arrested for several offences, including rape and kidnapping.

“Despite this, the department only issued a G306 warrant in respect of his outstanding sentence (943 days) on September 16 2020, after his original sentence expiry date had passed. The G306 was signed by an official who had no written authority to sign on behalf of the head of the centre. Nkuna was never brought before the CSPB for revocation of his parole,” the letter reads.

The charges against Nkuna were later struck off the roll and he was released. He was classified a high-risk offender and released in January 2022 under strict conditions, including the allocation of an official who was supposed to conduct regular home visits.

According to the letter, Nkuna was repeatedly not found at his registered address during these visits, but correctional services allegedly failed to take appropriate action or flag the breaches.

The article was amended to reflect a correction on the amount the family is suing the state for. The initial publication said the state was being sued for R40m; this was incorrect. The correct amount is R20m.

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