Pretoria - The police acted arrogantly and maliciously when they arrested two members of the Valhalla community policing forum (CPF) and locked them up for four days on allegations that they were involved in the death of a man who was killed in a park.
This is according to Judge Dawie Fourie, sitting in the high court in Pretoria.
He ordered the minister of police to pay R135 000 each in damages to businessman Johan van der Schyff and diesel mechanic Gustav Botha. They had each claimed R750 000 in damages.
The pair were arrested a few days apart in April 2011 following the death of 55-year-old Lucas Gwangwa, who was found beaten to death in a park. It was claimed that he had died at the hands of members of the CPF.
Van der Schyff, 60, testified that he was at home on the evening of April 7, 2011, having dinner with his wife, when he heard a commotion outside and saw several police cars with flashing lights.
He was told they wanted a statement from him regarding the assault on Gwangwa.
Van der Schyff accompanied them to the police station where he was placed in a cell with about eight other inmates and said he feared for his life. It was dark and he was afraid there were people in his cell he had encountered as a member of the CPF.
He was taken to court where the matter was remanded for further investigation. He was remanded in prison for about 32 days before all charges were withdrawn.
He claimed he was lured under false pretences to the police station to make a statement but the aim was to arrest him without a warrant.
Botha had a similar tale to tell. About 12 gun-wielding policeman stormed his home in the early hours of April 30, 2011, for being an “accomplice” to Gwangwa’s murder. He was cuffed and taken to a police van. He was told to “run” so police had reason to shoot him.
He also feared for his life while being held under “harrowing” circumstances in a cell. The toilet was so dirty he had to request disinfectant to clean it.
Botha remained behind bars for seven days before the case against him was withdrawn.
The police did not call any witnesses to defend their case, nor did they try to prove that the pair’s arrest was lawful.
Judge Fourie found the two were unlawfully incarcerated for four days, as the rest of their time served behind bars was ordered by a lawful court order.
Counsel for both the men and the police told the judge compensation of R120 000 to each man would be fair.
Judge Fourie said he did not agree, as the police seemed to have been particularly vindictive.
“In both cases the police arrived in a show of bravado at their homes…
“There was no reason why the arrests had to be done in the middle of the night.”
Van der Schyff, a man of 60, was locked up with other alleged criminals, while Botha was told to run so he could be shot, the judge said.
While damages were not there to enrich people, they should compensate for their ordeal.
Van der Schyff, the only one to be at court on Wednesday, said he was satisfied with the outcome as it was fair.
He said it had been a difficult time for him as until recently people had branded him a murderer.
Pretoria News