The Durban High Court has found against the police minister for the two unlawful arrests of a Hillcrest man who was detained for nearly three months in Westville Prison on charges which were later withdrawn.
Durban High Court acting Judge Anand Maharaj ruled in Khethokunye Mkhize’s favour this week. Mkhize had filed a R900 000 claim for damages against the minister and Maharaj had to decide on the police’s liability.
Maharaj ordered that the minister was liable for the damages and he was ordered to pay costs. The matter was adjourned indefinitely for a separate hearing on the quantum.
Mkhize, 29, was arrested for the murder of a woman on December 9, 2011. The charge was withdrawn in January 2012. He was arrested again on May 31, 2012 for the possession of an unlicensed firearm, related to the murder. The charge was withdrawn in June 2012.
During the civil trial, the arresting officers in both cases testified. The first conceded there was no evidence for Mkhize’s arrest. He said he had done it to “give him a chance to give his side of the story”. He also apparently testified he had not taken any statements or applied for any warrants before arresting Mkhize.
Mkhize’s legal counsel, advocate Ryan Naidu, said the police officer could have called Mkhize in for questioning instead of arresting him “to get information”.
The arresting officer in the second case conceded no firearm had been found in Mkhize’s possession at the time of his arrest.
Acting Judge Maharaj said, “The court finds the police officers’ action was not reasonable and was also unlawful.”
Daily News