- An Eastern Cape father has been awarded damages of R240 000. The man was arrested and detained by police for 40 hours for breaking lockdown guidelines whereas driving his sick son to a physician.
- During his arrest on the roadblock, the person mentioned he was punched, kicked, pepper-sprayed, and informed that he was a “piece of shit”. The officers denied assaulting him.
- The choose mentioned the person had been saved in a cell with out a purpose for why he was not prosecuted which “speaks volumes, not just about the abuse of his constitutional rights, but also the absence of justification for his arrest and detention”.
An Eastern Cape dealer has been awarded damages of R240 000 after he was accused of breaking lockdown guidelines and arrested whereas driving his sick son to a physician, assaulted and detained by police for 40 hours.
The man, who helped his father a dealership in Ntabankulu, had a vital providers allow, which allowed him to journey and commerce during the lockdown.
In his declare towards the Minister of Police, heard by Mthatha Deputy Judge President Zamani Nhlangulela on the High Court in Mthatha, the person mentioned he was arrested at a roadblock on 1 April 2020 as a result of his 17-year-old son, who was with him, didn’t have a allow. Their names have been redacted from the judgment.
Earlier that day, the person purchased inventory in Kokstad in KwaZulu-Natal and travelled to Ntabankulu to drop it off on the retailer. While en route, he was stopped at two roadblocks and was required to present his allow.
When he arrived in Ntabankulu he found his son was “exhibiting symptoms of terrible flu and bronchitis”.
He instantly phoned his household physician, primarily based in Kokstad, and drove again to Kokstad. But he was once more stopped at a roadblock. He confirmed his allow and driver’s licence to a police officer, who refused to enable him via as a result of his son didn’t have a allow.
He appealed to senior officers on the roadblock, explaining his scenario and mentioning that the Disaster Management laws permitted him to take his son for medical therapy. But the officers nonetheless refused.
The man then phoned an area visitors officer who informed him to take another route the place there have been no roadblocks. While on the decision, he mentioned, one of many policemen got here up behind him and grabbed his hand. When he protested, he was punched, kicked and insulted.
When the officer reached for his gun, the person dropped his cellphone and lifted his arms “as a sign of complete surrender”. He was pepper-sprayed, kicked, hit and informed that he was a “piece of shit” and a drunk. The man mentioned he then fell to the bottom, was handcuffed and put in leg irons.
He was taken to Mount Ayliff police station and charged with assault and interfering with police duties. He was launched two days later, after being saved in a small darkish cell with 27 different inmates.
In his judgment, Judge Nhlangulela mentioned that during cross examination these representing the minister recommended to the person that the laws didn’t authorise the transportation of sick individuals throughout the border and that there was no want to take his son to Kokstad as a result of there was a physician out there in Ntabankulu.
The cops testified that the person pushed one among them and had begun taking footage of them together with his cellphone. This was why he had been arrested, they mentioned.
They denied assaulting him.
“It was argued strenuously on behalf of the (minister) that the evidence (of the man) was not worthy of credit because he had refused to produce a permit, was evasive, had exaggerated the manner in which the events unfolded, and his version of being assaulted was uncorroborated,” the choose mentioned.
The choose mentioned the person had proved that he was assaulted by the police. The accidents he sustained, proved by the medical file, bolstered his model. “In my opinion, the contradictions, inconsistencies and resultant improbability of the evidence adduced by the (minister’s) witnesses are not insignificant. They were simply not truthful with the court.”
The choose mentioned the person had been saved in a cell for 40 hours with out a purpose being given for why he was not being prosecuted. “This speaks volumes, not just about the abuse of his constitutional rights, but also the absence of justification for his arrest and detention.”
The court docket awarded him R60 000 for the assault and psychological hurt, R120 000 for unlawful arrest and detention, R50 000 for defamation and R10,000 for authorized charges and ordered the minister to pay the prices of the authorized motion.
