The family of the late Hillary Gardee has instituted a civil lawsuit against the South African Police Service (SAPS) for R19 million, citing alleged negligence during the investigation into her 2022 disappearance and murder. The legal action centres on claims that the police failed to act with the necessary due diligence and efficiency, which the family contends could have saved her life.
Legal Allegations And Claims Of Negligence
The lawsuit arises from the investigation into the abduction of Hillary Gardee, the daughter of former Economic Freedom Fighters (EFF) secretary-general Godrich Gardee. She went missing in Mbombela, Mpumalanga, on 29 April 2022, only for her body to be discovered days later on 3 May in a plantation outside Sabie.
The family is saying if the police had acted on time, she would not have been killed. They are citing negligence.
Legal representatives for the family argue that the state institutions charged with public safety failed in their duty of care. While specific details regarding the internal SAPS report or individual officers named in the litigation remain subject to active court proceedings, the claim seeks significant financial redress for the perceived institutional failings that occurred during the critical period when she was missing.
Impact And Wider Implications For Public Safety
The murder of Hillary Gardee sparked widespread national outrage, serving as a catalyst for renewed public discussions regarding gender-based violence (GBV) and the capability of the SAPS to manage missing persons cases effectively. This legal challenge highlights growing concerns about police accountability and the expectation that state authorities must be held responsible when procedures are viewed as inadequate or delayed.
The family’s move to sue the state follows separate ongoing criminal proceedings against suspects previously arrested and charged in connection with the murder. The case remains a significant test of the legal framework surrounding state liability and the professional obligations of law enforcement in high-profile violent crime investigations. The matter is expected to return to court for further procedural developments as the legal teams present their case regarding the specific timeline and actions taken by police during the 2022 search.