Man wins torture case
December 21 2012 at 01:10pm
LOUISE FLANAGAN
louise.flanagan@inl.co.za
EXPERIENCED police officers who were
found to have illegally entered and searched a man’s home at midnight and
tortured him there should have understood their actions were unconstitutional,
said a judge.
The Port Elizabeth High Court last week
awarded Thobela Julius Funde R110000 in damages for invasion of privacy and
assault, arising from a police raid on his home in Kwadwesi, Port Elizabeth,
five years ago.
The officers who led the raid were
named as Captain Sakhele Matomane and a Warrant Officer Sitinga. They had been
police officers for 21 years and 20 years respectively.
They claimed they were searching for
dagga after a tip-off, but the court found that Funde’s version was more reliable
and ordered the Minister of Police to pay Funde a “modest” R110 000 in damages.
Judge Judith Roberson said it was a
serious invasion of privacy and called the assault severe.
Funde’s wife and child were sent to
another room in the house, and Funde was handcuffed and made to lie on the
floor.
“Matomane produced a plastic glove and
put it over the plaintiff’s (Funde’s) head, with the result that he could not
breathe. He lost consciousness and the glove was taken off and he was revived
with water,” said Judge Roberson.
“The process was repeated, and endured
for half an hour to an hour. He thought he was going to die.
“He also felt humiliated at being
subjected to this treatment in the presence of his family.”
The judge said the assault must have been
terrifying. “He was at the mercy of two police officers. He was rendered
helpless and impotent in his own home, while his wife and child were present,
albeit it in another room.
“Matomane and Sitinga were
unrepentant.”
The judge ordered that a copy of the
judgment be sent to the Minister of Police and the SAPS national commissioner.
“Matomane and Sitinga were police
officers prior to the enactment of the interim constitution, followed by the
constitution. One would think that they would have comprehended the enormous
shift which took place in relation to the protection of fundamental rights,”
said Judge Roberson.
“I commented that they were unruffled
during cross-examination. The glib manner in which they stood their ground
tells me that they do not have a problem with the notion of torture.
“They are senior police officers. What
sort of message do they send to their juniors? What effect does their conduct
and that of police officers who commit similar abuses, have on the morale of
the police force?”
