A MTHATHA school teacher has been awarded R75000 in damages following her arrest and detention at a roadblock - for not having her driver's licence with her.
Traffic officers in court insisted that they were entitled to arrest errant motorists at roadblocks to "teach them a lesson".
But in her judgment, Judge Judith Roberson said the arrest and detention of Zoleka Erasmus amounted to a flagrant abuse (of power) and disregard for the provisions of the Criminal Procedure Act.
"I would hope that the Eastern Cape department of transport takes heed of this judgment and ensures that its officials have the necessary knowledge of correct criminal procedure before embarking on similar exercises in future.
"Roadblocks serve an important purpose and driving without a licence is a serious offence, but a peace officer's extensive powers cannot be used merely for the purpose of teaching a person a lesson; in other words subjecting a person to an illegal and shocking experience so that they will not transgress again," Roberson said.
Erasmus was arrested at a roadblock in Ngqeleni on her way to work on August 29 2007 after she forgot her driver's licence at home.
She was then detained until 1pm and released after a friend had paid an admission of guilt fine on her behalf.
Ncedo Kumbaca of the department of transport said they would appeal the judgment.
