SCA dismisses Cele's appeal against ANC councillors’ damages
Police Minister Bheki Cele has lost an appeal against a damages claim that was awarded to Thandekile Sabisa, a former deputy mayor of the OR Tambo District Municipality; and former mayoral committee member Lawrence Mambila – who were unlawfully arrested, assaulted and ‘tubed’ following the attempted murder of the municipal speaker and the murder of his bodyguard.
A News24 report says the two had successfully sued the police in the Eastern Cape High Court (Mthatha).
They were each awarded R400 000 in damages for unlawful arrest and detention in April 2016, as well as R110 000 for assault, torture and contumelia.
They had originally sued the state for R10m each... however, Cele took the matter to the SCA.
In her ruling, Justice Nolwazi Mabindla-Boqwana found – as the High Court had – that it was an anomaly that the two men were not brought to court within 48 hours after their arrest, in accordance with the Criminal Procedure Act reports News24.
‘Furthermore, they were detained in hospital without an order of a court authorising their continued detention beyond the mandatory 48-hour period,’ she said.
She found that during the arrests of Sabisa and Mambila, arrest warrants were not shown to them, and their rights had not been read to them.
She noted that the police officers, in their capacity as the Minister's witnesses in the case, gave contradictory evidence.
‘Firstly, they contradicted each other as to who was the arresting officer, and secondly, on whether the respondents were informed that they were arrested on the authority of a warrant, and on whether it was exhibited to them,’ she said.
Mabindla-Boqwana also found it strange that Sabisa and Mambila were taken to Butterworth before being detained in Mthatha.
‘It is not clear why they were not immediately taken to the police station, but on a long trip to Butterworth, only to return later to Mthatha where they were then detained,’ she said.
‘For these reasons, the appeal must fail. It is accordingly dismissed with costs, including those of two counsel where so employed.’
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
