Johannesburg - Police have been ordered to pay R5 million as damages to an Eastern Cape man that was arrested for no reason whatsoever in August 2011 and only released five months later.
Nkululeko Msongelwa was arrested at a tavern where he was enjoying himself with his girlfriend and friends. Police arrived and ordered the patrons to face the wall with their hands up and bodily searched them.
He was told that he was under arrest, but no reason was given.
Msongelwa made these submissions before Judge Bantubonke Tokota at the Mthatha High Court.
Police did not dispute any of his evidence before Judge Tokota.
Represented by attorney Wycliff Thobela Mnqandi, police closed their case without leading any evidence.
The arrest was only the beginning of Msongelwa’s ordeal that ended on 12 January 2012, when he was released without being charged.
He was shot on the ankle during the arrest as he resisted. While bleeding, he was handcuffed and thrown on the back of a police van and sustained a fractured ankle.
Msongelwa was transported to the Mandela hospital where he was detained under armed police guard.
There he was handcuffed throughout the night and the handcuffs would only be removed when going to the toilet.
Friends and family would visit him in the presence of the police. From the hospital, he was taken to Mqanduli police station where he was detained in the police cell. His ankle had still not healed.
He testified that the cell was small and they were made to lie on thin mattresses. The inmates ill-treated him, he told Judge Tokota. Other inmates were made to frog-jump and were slapped if they refused.
More at : https://www.iol.co.za/news/south-af...to-pay-r5m-over-2011-wrongful-arrest-45206530