The Economic Freedom Fighters (EFF) is planning to haul Communication and Digital Technologies Minister Stella Ndabeni-Abrahams and the South African Post Office to court over the murder of Cape Town student Uyinene Mrwetyana – allegedly killed by a post office worker with a previous conviction.

EFF leader Julius Malema on Thursday said the alleged killer's employer should have been aware of his criminal record and the danger he posed to the public.

"We have assembled a legal team to take legal action against the communications minister and the SA Post Office. The safety of those who are served by the post office is the responsibility of the post office and the minister. The killer of Uyinene was the employee of the post office, and it is alleged that he had a criminal record and a history of murder," Malema told journalists in Johannesburg.

The 19-year-old film and media student at the University of Cape Town had gone to a post office in Claremont to collect a parcel and was never seen again. The discovery of her body in Khayelitsha drew widespread outcry and condemnation, with social media users calling for the death penalty against perpetrators and a state of emergency against gender-based violence.

Police this week said the 42-year-old man, employed at the post office, was arrested and charged with murder after he confessed to killing the student. The post office worker allegedly lured her back to the post office on the day where she found him alone. He allegedly attacked, raped and killed her before dumping her body in Khayelitsha. 

The man appeared in court on Tuesday and the case was postponed to November 5.

Malema said his party does not support calls for the death sentence.

"We need a system that is self-correcting. Even if they mistakenly send you [to prison] for life, we can correct that and release that person. Our black sisters and brothers are the ones who are going to be killed. Imagine if we send the wrong people to the gallows...you cannot bring them back. The criminal justice system should be strengthened, and we mustn't be afraid to say the police are failing us. Our police must take full responsibility for this mess," he said.

Addressing Parliament's portfolio committee on communications on Tuesday, Ndabeni-Abrahams said that she has directed the Post Office to investigate how the alleged killer was hired without security clearance.