Cops lose round 1 in
rape case
SIPHO MASOMBUKA | 04 June, 2013 01:07
Police Minister Nathi Mthethwa
Image by: JAMES OATWAY
Allegedly raped throughout the night
and assaulted in police cells, a Pretoria man yesterday won the first round in
his R1 million civil claim against Minister of Police Nathi Mthethwa.
EmailPrint The 46-year-old man - who
had to take three courses of anti-retroviral drugs to keep the threat of HIV at
bay - approached the Pretoria high court with two claims: R940 000 for unlawful
arrest and detention involving the alleged sexual assault and R150 000 for a
second arrest and detention.
The victim's lawyer, Robert van Wyk,
yesterday said his client was supposed to take the stand but the parties
entered into out-of-court settlement negotiations and later agreed on R90 000
damages for the second arrest.
Van Wyk said police admitted to
wrongdoing with regards to the unlawful arrest and detention.
“We had claimed R150 000 damages for
the second arrest but we settled for R90 000. Sexual assault while in detention
in the police holding cells is still in dispute,” Van Wyk said.
According to Van Wyk, his client was
arrested at Rustenburg Mall in the North West on September 16, 2011 for alleged
human trafficking and thrown into a Rustenburg police station's holding cell
with 20 other men.
He alleges that he was stripped,
sexually assaulted, raped and severely assaulted until 6am the following
morning.
The man allegedly told the police
about his ordeal but they reportedly did nothing. He was allegedly not allowed
to call his family.
He was then released but re-arrested
and assaulted in the police cells for the second time before he was released
again unconditionally.
“The battle was the unlawful nature
of the arrest and detention and that they (police) have conceded that it was
wrong, so we have won round one,” Van Wyk said.
He added that the next court date
would be set once they have received all necessary exhibit documents, including
a doctor's report.
In April, Mthethwa told parliament
that civil claims against the police amounted to over R7 billion for the
2011/12 financial year.
Mthethwa's spokesman Zweli Mnisi
said they were concerned with the number of claims against the police, saying
Mthethwa had continuously stressed intensification of training across the
police service.
“We have now strengthened oversight
functions, particularly the Independent Police Investigative Directorate,
against any police officer who may be found to be allegedly acting outside the
law,” he said.
Mnisi added improvements had been
made but more still needed to be done to curb the civil claims.
