Pietermaritzburg - A Ladysmith man who went blind after being severely assaulted by the police in 2010, will be getting R5.7 million from the Minister of Safety and Security for the injuries he had suffered.
Judge Nompumelelo Radebe on Wednesday ordered in the Pietermaritzburg High Court that payment had to be made by no later than June 10.
As a result of the assault, Innocent Kubheka was completely blind and had brain damage. The particulars of claim said that during September 20 and 21, 2010, members of the police force arrested and detained him in Ladysmith.
It said that at no stage was he informed of any charges levelled against him, nor was he given reasons for his arrest and detention.
However, an affidavit by a relative, Ziyanda Kubheka, shed some light on the reason. He said they wanted to know the whereabouts of a firearm that had been used in a robbery. Ziyanda said he was with Kubheka when police entered their home. They were woken about 1.30am by the lights from torches pointed at their faces.
The police wanted to know which one of them was Innocent Kubheka. When they found out, they began assaulting him, demanding to know where the firearm was.
Kubheka kept telling them he did not know. While they were assaulting him, he kept pleading with them to stop.
Ziyanda added that a plastic bag had been put around Kubheka’s neck and he lost consciousness.
Police fetched water and poured it over his head.
The claim said Kubheka had been denied ablution facilities and his rights to contact a legal representative. He was severely assaulted. He was kicked all over his body and hit on the head with firearms.
Kubheka was admitted to the intensive care unit at the Ladysmith provincial hospital where he was treated. Vertebrae had been fractured and he had multiple abrasions and lacerations. He spent three weeks in hospital.
The claim added that the possibility of Kubheka being employed had been drastically limited. He had been working for a construction company before the incident.
After he was released, the police told him they no longer intended to charge him and that the arrest was a mistake.
He had been humiliated, degraded and suffered severe physical injuries and mental trauma.