Human rights commission steps in to probe Shoprite death, family prepares to sue retailer

The South African Human Rights Commission (SAHRC) has launched an investigation into the death of Bandile Tshabalala, who was accused of shoplifting and subsequently kept in a Shoprite cold room at Ratanda Mall in Heidelberg for several hours on Sunday.

The commission’s provincial leader, Zamantungwa Mbeki told Daily Maverick that although this had been a criminal matter, the commission would specifically look at the violation of human rights and possible flouting of processes either by businesses such as Shoprite or private security.

Bandile Tshabalala died on Sunday 19 May 2024 after allegedly being locked in a cold room for about 11 hours, after he allegedly stole chocolate at a Shoprite Supermarket in Ratanda Mall. (Photo: Supplied)

The 33-year-old’s tragic death sent shockwaves through the community of Ratanda in Heidelberg, some 70 kilometres away from Johannesburg. On Monday, a group of more than 100 residents took to the retailer’s door to demand answers and justice. This however backfired as private security, PPS, opened fire.

Read more in Daily Maverick: Man allegedly dies in Shoprite cold room – security fires rubber bullets at protesters and journalists

Following the incident, two security guards aged 20 and 25, have since been arrested and face charges of murder, common assault and kidnapping — according to police spokesperson, Colonel Noxolo Kweza.

The duo is expected to make a formal bail bid on 31 May 2024.

The Tshabalala family has since appointed Marweshe Attorneys to act on its behalf throughout the court proceedings.

Cause of death

A comprehensive pathology report on Tshabalala’s death is yet to be released, however, a post-mortem presented in court and to the family has already shown that the cause of death was consistent with hypothermia. This is a medical condition that occurs when the body temperature decreases below 35℃. At this point, the body begins to deteriorate and in most cases, causes multiple organ failure results.

Legal representative Mabu Marweshe said, “The cause of death as a result of hypothermia is consistent with the allegations that have been levelled against Shoprite that they did in fact lock him in the freezer or cold room…”

Marweshe told Daily Maverick that the family had also been mandated by them to assess the evidence to be presented in court and if there were prospects of pursuing a civil suit against Shoprite or any other individual that might have been involved.

Detailed questions were sent to Shoprite but were not answered by time of publication.

The retailer’s statement released on Tuesday 21 May 2024 confirmed that an internal disciplinary process was still underway and that branch management had been suspended and appropriate action would be taken in accordance with the law and the company’s code of conduct.

Read more in Daily Maverick: Daily Maverick journalists came to cover death in Shoprite cold room – security guards retaliate with rubber bullets

Family in agony

Bandile’s family is now preparing for his burial on Saturday May 25, 2024.

“We are still distraught, especially because we now have to bury him without the answers that we need.

“We are also disappointed that Shoprite has not made an effort to come and speak to us as a family nor did they even help to offer assistance with burial arrangements when my brother died in their hands,” said Tshabalala’s sister, Simangele.

Although arrests had been made, Simangele was still coming to terms with the reality of losing her only brother.

“It’s good that people will be held accountable, but it’s not something that we are celebrating because it is not going to bring back my brother’s life,” she added.

Several community members told Daily Maverick that this had not been an isolated incident as punishment was common for shoplifting crimes.

A resident, Thokoza Dlamini, said that last year, her niece had stolen a packet of cheese from Shoprite and was locked in its cold room.

“They confirmed to me that because police cannot arrest young children, they lock them in the cold room for two hours. It is a normal thing here, we are used to it.” DM