The Hillary Gardee murder case has once again come back into the spotlight after her family lodged court papers seeking to compel the Correctional Services Department to hand over certain documents and recordings.
This to ascertain whether the family’s R18 million lawsuit against the department would continue.
The department is being sued by the family of the then 28-year-old Hillary for releasing the man who is accused of murdering their daughter, after he was supposed to have been charged for absconding on parole on a different matter.
The slain woman is the daughter of former EFF secretary-general Godrich Gardee, who is also an attorney.
Independent Media previously reported that Hillary was kidnapped in Mbombela, formerly Nelspruit, while she was in town with her 3-year-old adopted daughter.
Her body was found dumped in a plantation near Mbombela towards Sabie, after which 29-year-old Hlabirwa Rassie Nkuna reportedly confessed to the murder.
Police initially said he confessed to using his social media account to prey on unsuspecting women and luring them to their deaths.
Nkuna, at the time, was facing several criminal charges ranging from armed robbery and murder to the possession of a stolen vehicle.
He allegedly absconded from parole management for two years but at the time he was arrested for an alleged rape offence, charges were withdrawn and he was let go despite the incomplete abscondment case.
Gardee’s legal representative, Makhakheni Mashele of MM Mashele Attorneys, said that the department “acted negligently” in Nkuna’s parole after he was arrested on a long list of serious charges, including armed robbery, murder and possession of a stolen motor vehicle.
In recent court papers seen by The Star, the family are seeking to compel the Correctional Services Department to provide the Gardee family with certain documents so as to decide whether to drop the case or proceed with the case and to use the requested documents in court to make a case of the Gardee family.
“The request for these documents was on 16 February 2024 and should have been made available within 20 days according to uniform rules of court. This period was up to 16 March 2024.
“On 20 June 2024, the State lawyers were given a further 10 days, which expired on 5 July 2024.
“The State still failed or neglected to provide the required documents under Rule 35(3) of the High Courts. The State had until 22 July to indicate if they would oppose this application.”
On July 15, the Gardee family launched a court application to compel Correctional Services to provide the required documents. By July 22, the State had not filed its notice to oppose.
Mashele told The Star that the matter would be heard on September 6, 2024, for a compelling order in the absence of the State.
He said the order was seeking to compel the State to comply within five days or the bare denial defence of the State be struck off and the claim to proceed unopposed with a default judgment against the State for the R18m claim.
“The tardiness of State lawyers and the client Department of Correctional Services in responding to the notices to provide the documents needed by the Gardee family has a potential of the State paying punitive legal costs and the R18m without a defence of the State, a fruitless expenditure … This failure may indicate that the State has no defence to the claim of negligence that led to the murder of three more women by the same parolee after kidnapping and killing Hillary Gardee,” Mashele continued
Enquiries to the State attorneys and Correctional Services went unanswered at the time of publication.
The Star