Bheki Cele ordered to pay R800K to 16 North West residents who were unlawfully arrested during protest
Minister of Police Bheki Cele has been ordered to pay 16 residents R50,000 each after they were unlawfully arrested and detained at Pudumoe police station in the North West.
The group which was initially 17, was arrested at different times and were collectively charged with the contravention of the National Road Traffic Act and the Regulation of Gatherings Act.
They were arrested after a protest took place on September 14, 2016 on the N18 Road at the crossroad of Pudumoe and Coseng village.
On the day of the protest, a police captain who is now deceased, told protesters to disperse within ten minutes and they didn’t listen.
After several attempts, he threw a stun grenade and they ran into different directions of the N18 road.
The captain instructed police to arrest the protesters who continued protesting which subsequently led to the arrest of 17 residents.
They spent less than a day in custody. Upon their release, they were given a notice to appear at Taung Magistrate Court.
In November 2016, they instituted action against the Minister of Police claiming R600,000 each for unlawful arrest, detention, inhuman treatment, and emotional shock.
One of the applicants withdrew from the proceedings.
Their application was heard at the North West High Court in Mafikeng.
In their application, the group said after they were arrested, they were given documents to sign without them being explained to them, they were then taken to filthy holding cells with unhealthy conditions, and they had no privacy when using the toilet.
When evaluating the evidence, Judge AJ Mahlangu said the complainants corroborated each other’s versions in many respects and none of them contradicted themselves.
“They were all calm, honest and I found them to be credible witnesses,” she said.
Meanwhile, she found the police to be cagey and evasive when testifying.
“They could not explain how the plaintiff’s rights were explained inside the boardroom… They could also not reasonably explain at what stage were the plaintiff’s rights and the reason for the arrest was explained at the scene of crime as it was chaotic,” said the judge.
Judge Mahlangu further added that no amount of compensation can undo the humiliation and human rights violation suffered by the applicants.
She said they should be awarded total compensation in the amount of R50,000 each.
“I should pause to mention that the plaintiffs were arrested in different times and they spend different hours in custody.
“But it would be reasonable to compensate them with the same amount of money as they all spent less than 24 hours in custody,” read the judgment.
The judge ordered the Minister to pay the cost of the application.
-IOL
In other news – Baby daddy speaks on being banned from the funeral, coping with criticism & his love for Zoleka Mandela
Andile Leeroy Cana, a painter, creative strategist, and the father of Zoleka Mandela‘s last-born child, has been facing criticism and scrutiny on social media following Zoleka’s death from cancer. Zoleka Mandela, an activist and author, had listed Andile in her diary as one of the people she wished to be excluded from her funeral. Andile respected her wishes and did not attend the funeral, choosing to mourn privately at home.
Zoleka Mandela’s diary listed Cana as one of the individuals she wished to be excluded from her funeral, along with Mandla Mandela, Zenani Mandela-Dlamini, and King Buyelekhaya Danlindyebo, among others. Read More
