Nkululeko Msongelwa was arrested and detained on August 7, 2011, by members of the SAPS while in a local tavern in Mthatha with friends.
He remained detained for 158 days, until he was released, without being charged with any offence.
The police arrived at the tavern and ordered them to face the wall with their hands up. They were bodily searched and Msongelwa was told that he was under arrest but no reason for his incarceration was given. He resisted and he was shot on the ankle. He was handcuffed and thrown onto the back of a police van. He also sustained a fractured ankle.
From there, he was transported to Mandela Hospital where he was detained under armed police guard and chained to the bed.
Later, he was transferred to Bedford Hospital and again detained under police guard. That is where he spent time. His friends and relatives were allowed to visit him in the presence of the police. He testified that being guarded by two or three armed police men gave the impression to people that he was a “thug”.
He was discharged on August 19 and was taken to Mqanduli police station where he was detained, with an ankle in a plaster cast, in the police cell. He testified that the cell was small, it being 4x4m.
They were made to lie on very thin mattresses. The inmates ill-treated him. He was forced to frog-jump and if he refused, he was struck.
The toilet was blocked and the water over-flowed. He was made to clean the stinking toilet.
Because of the blockage, the toilet had to be covered with a blanket. The food was stamp mealies, which was not properly cooked.
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