For his ordeal of being assaulted by police officers, wrongfully arrested, and then detained, a Mpumalanga man will be paid over R110,000 after a court issued the order this week at the High Court of South Africa at the Mpumalanga Division in Mbombela. 

The Police Ministry has been ordered to pay R80,000 in respect of the plaintiff’s unlawful arrest and detention from January 28 to 30, 2023.

The court further ordered that the Ministry pay R30,000 in respect of the plaintiff’s unlawful assault by police officers.

The court heard that the man was travelling in his car with his wife and daughter when he was stopped by a police vehicle and told to alight from the vehicle. Whereafter, he was forced to touch a gun that was in police possession and did not belong to the plaintiff.

The judgment read: “On 28 January 2023 at approximately 2pm at or near Newscom Trust, Mpumalanga, while he was travelling in his motor vehicle with his wife and daughter, the plaintiff was stopped by members of the SAPS from Kabokweni police station, on allegations that he had committed robbery and attempted murder.

“Only the plaintiff testified during the hearing of the matter. He testified that the police officers blocked his motor vehicle. He was forced to alight from his motor vehicle, pushed to the ground, and was assaulted several times on the face with open hands by four police officers. While on the ground, he was trampled upon with booted feet. The plaintiff was taken to the motor vehicle where a firearm had been placed by one of the police officers. He was instructed to touch the firearm with his hands, but he refused. The police officers continued to assault him with open hands for refusing to touch the firearm.”

The police officers placed the plaintiff in a police vehicle and left the man’s wife and 15-year-old daughter behind. 

Police drove with the plaintiff to his house, where he was instructed to produce a firearm. 

“He informed the police officers that there was no firearm at his home. The police officers assaulted him once again. He was pushed to the ground and his hands were cuffed to the back together with his feet. His face was covered with a plastic bag. When the plastic bag was ultimately removed, water was poured into one of his ears, and he was slapped several times with an open hand on the ear.

“Thereafter, he was taken to the police cells at Pienaar police station. The following day, other police officers assaulted him while he was in the cells, alleging that he had broken into the house of one of the police officers and stolen a firearm. One of them kicked him on the back and stomach. His fingerprints were taken,” the judgment read.

The man was taken to court on the Monday following his arrest. However, he was released from the cells without having appeared before a magistrate. The next day, he visited Temba Hospital for a medical examination.

In its plea, the defendant (Minister of Police) denied all the material facts alleged in the particulars of claim without setting out the material facts upon which the denial was based and called on the plaintiff to prove his case.

Acting judge of the high court, M. Moleleki, said: “On the assault, the plaintiff suffered lacerations to his hands, a swollen ear, and pains on his body. Although I have concluded that the plaintiff’s physical injuries were not of a serious nature, I am cognisant of the fact that, any form of invasion of a person’s physical integrity no matter how trivial, is indefensible in any civilised society particularly by police officers who are enjoined to protect individuals against such invasions of their physical integrity.”

chevon.booysen@inl.co.za

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