Victory for sister who fought to clear brother’s name
TODAY marks four years since Reshall Jimmy’s burnt body was found in his Ford Kuga.
For his sister, Renisha, it will be a bitter-sweet day. She has fought to clear up allegations that he killed himself or was killed by someone else and, over the years, has been vindicated.
On December 4, 2015, Jimmy, who lived in Johannesburg, went on holiday. While travelling to George to paraglide, his 2014 model 1.6 litre Kuga caught fire outside the Fairy Knowe Hotel, in Wilderness. He burnt to death.
There were allegations that the incident was a suicide or murder-related. Renisha fought this.
Initially, the National Prosecuting Authority (NPA) did not want to prosecute Ford due to insufficient evidence.
But the family refused to give up and took their fight to the high court. They were assisted by of the head of AfriForum’s Private Prosecution Unit, Advocate Gerrie Nel.
The 33-year-old’s death became the subject of an inquest, at the Western Cape High Court, in March this year.
In August, Nel, who represented the Jimmy family pro bono, withdrew from the case – after the family were satisfied the evidence presented excluded an indication of criminality, suicide or murder.
In September, advocate Anthony Stephens, of the NPA, confirmed that suicide and murder were ruled out as possible causes of death.
The inquest findings are expected in January.
Last week, there was further positive news when the National Consumer Commission fined the Ford Motor Company of Southern Africa (FMCSA) R35 million, after a number of Kuga SUV vehicles caught alight.
The Commission investigated the conduct of FMCSA after receiving 160 complaints from consumers, who alleged their consumer rights were infringed by the company.
The company has also agreed to compensate consumers affected by the fires, to the tune of R50 000 each, after it was found to have contravened the Consumer Protection Act (CPA) by selling unsafe cars.
Thezi Mabuza, the acting commissioner, said their investigation into allegations confirmed that Ford engaged in prohibited conduct by distributing Ford Kuga vehicles that failed or could have failed as a result of a cooling system failure.
“This meant that the failure of the cooling system rendered the vehicles unsuitable for the purpose for which they were generally intended and this resulted in the vehicles being unsafe at the time of the fires.”
While Ford has already compensated the owners of Kuga vehicles that burned, further compensation has been offered.
Consumers have been offered three compensation options.
This includes a payment of R50 000 to owners or those in lawful possession of a Kuga FMCSA vehicle which combusted and, as a result, suffered a loss.
Also, if a consumer whose Ford Kuga burned, believes he or she is entitled to compensation in excess of R50 000, the consumer may submit a claim against FMCSA.
They also have the option to prove damages in court.
Renisha told the POST that her fight was to keep her brother’s reputation untarnished and for the truth to be revealed.
“It gives me peace knowing those rumours and allegations have been cleared up. I knew the type of person my brother was and I was going to ensure his legacy remained intact. However, the pain of losing him does not go away.”
She said Jimmy, who was the head of search optimisation at a media agency, was intelligent, driven and honest.
“Those who knew him would agree.”
The single mother said Jimmy played a father’s role to her son.
“He took on that role from the day my boy entered this world. He loved my son unconditionally and my son looked up to Reshall as his hero. My son, who was just 5 at the time, still yearns for his uncle.”
Renisha added that their 67-yearold mother’s health deteriorated after Jimmy’s death. “She struggles to cope to this day. No mother should have to lose a child in such a horrible manner.” Renisha, who works in public relations and marketing in Johannesburg, added that she was relieved it was over.
“It has been a long year, most of which took a toll on my career. I spent most of my time travelling to Cape Town, sleeping in hotels, being away from home and family. But I am extremely grateful for the sacrifices made by Advocate Nel and his team. They stood by me and assisted me to clear my brother’s name of the rumours.”
She said the family would release 37 balloons today, to honour her brother who would have turned 37 earlier this year, and a number four balloon, as per her mother’s wish, in commemoration of his four-year death anniversary.
They also intended making a donation to Doors of Hope for Kids, a charity that Jimmy supported.