The SA National Defence Force (SANDF) is facing exorbitant claims, with at least one claim topping R145-million for the alleged murder of a Mpumalanga man.

This was revealed in the Department of Defence's litigation report, which contained 10 court matters involving the department.

Defence and Military Veterans Minister Thandi Modise made the report available as part of a written response to a parliamentary question from the Democratic Alliance's (DA's) Kobus Marais.

In July 2020, 36-year-old Eunicent Dilebo died when police and SANDF soldiers responded to a mob justice incident in Chochocho Village, Mpumalanga.

Dilebo's brother Thabo told News24 that, on arrival, police and soldiers saw his brother's car parked nearby.

Soldiers instructed Dilebo to move his car. However, when he failed to move the car, soldiers allegedly used their R4 rifles to smash the windows, and allegedly assaulted the occupants with the butt of their rifles. Dilebo was shot while trying to run away.   

On 11 August, Mabuza Attorneys wrote to then defence minister Nosiviwe Mapisa-Nqakula and Sam Gulube, who was the secretary for defence, instructing the department to pay R20-million to Dilebo's family within 14 days or risk having to go to court.

But, according to the latest information, the family now wants substantially more.

"Summons served where it is alleged that the members [soldiers] of the SANDF shot and killed Mr Dilebo in Chochocho, Mpumalanga. The plaintiffs are claiming damages for an amount of R145 000 000. [The] State Attorney has been instructed to assist us and defend the matter," the description of the case reads.

A notice of intention to defend has been filed.

In Kimberley, a soldier killed one of his colleagues while they were deployed in Kimberley for Operation Corona. The family of the dead soldier is claiming an amount of R50-million.

The matter is being heard in the Gauteng High Court, and few details were given about the incident.

Another case in the North Gauteng High Court is that of Collins Khosa.

The family of Khosa are suing the SANDF for R72-million for damages that include emotional shock, medical costs, loss of support and constitutional damages.

The matter is still pending, and a negotiation/settlement proposal is under way.

Modise said the SANDF was aware of only one incident that was formally reported and investigated by the police, that being the death of Khosa.

"The claims are for general damages, loss of support and future medical treatment. It is noteworthy to remind ourselves that following that court ruling and court order thereafter, the incident in 2020, the then minister of defence and military veterans instructed the defence force to develop standard operating procedures and rules of conduct containing guidelines on how military personnel should conduct themselves in such operations as was ordered by the court."

Modise said the rules of conduct were presented to court as instructed and subsequently published both internally and externally for public knowledge, education and awareness, as per the court order.

"It should further be noted that all internal operations are coordinated by the police and supported by the defence force under Operation Prosper. As such, any incident would be investigated by the [SA Police Service] SAPS in conjunction with the defence force as was the case with the above-mentioned case," the minister said.

In another matter, the defence ministry instructed the State Attorney to claim damages against a service provider for delivering expired patrol ration packs. The amount to be claimed on behalf of the SANDF is R28.7-million.

This was discovered during the lockdown patrols.

Marais said any form of brutality against civilians by the SANDF was unacceptable, immoral and unethical.

"The role of the SANDF must never [be] to act indiscriminately against civilians inside SA. The Collins Khosa case exposed the inability of the SANDF to be deployed domestically due to the lack of training of soldiers for urban deployment.

"This has been addressed to a certain extent, but we are still badly resourced to fulfil a role usually assigned to SAPS.

"The SANDF is being expected to stand in for the failures of SAPS and the government's failure to rectify that. The doctrine of the SANDF is also very different from being deployed against civilians in our streets," he said.