Couple get R80 000 each for unlawful arrest
4 November 2010 | ILSE DE LANGE
JOHANNESBURG - A Special investigator of the National Prosecuting Authority (NPA) and his girlfriend were awarded R160 000 in damages against police after they were arrested and detained overnight for no apparent reason.
Judge Ephraim Makgoba ordered the Minister of Police to pay R80 000 each to NPA investigator Wilfred Leso and his girlfriend, Thando Mthembu, for their unlawful arrest and detention in December 2008. The couple initially claimed R110 000 damages each after their harrowing experience at the hands of the police, who arrested them in front of a block of flats in Sunnyside after apparently taking offence when Leso asked why police wanted to search them and told them he worked for the Directorate of Special Operations. Leso said in court papers he and Mthembu were standing in the street outside a block of flats talking to people when they were ordered to stand still and raise their hands. When he asked why police wanted to search him and his car and introduced himself, he and his girlfriend were dragged to the police van, insulted and assaulted.
He was also kicked and a policeman sprayed pepper spray into his eyes, continuing to do so even after the police van was being locked. The couple was detained overnight at the Sunnyside police station on charges of crimen injuria, assault and interfering with police duties, but were released the next day without any charges being brought against them. Leso said they were never warned of their rights. and he was not allowed to phone his sister to ensure that his three minor children were safe. Police said the arrest and detention was lawful because Leso had assaulted and insulted a constable and his girlfriend had tried to interfere when they arrested Leso. Leso said the arrest was an act of retribution because police had taken offence when he told them who he was. He said the policemen had detained them to humiliate and degrade them in an act of revenge and abuse of power.
Courtesy - CITIZEN NEWSPAPER -
http://www.citizen.co.za/citizen/content/en/citizen/local-news?oid=149247&sn=Detail&pid=800&Couple-get-R80-000-each-for-unlawful-arrest-
