Pretoria - The South African Police Service is facing a R200 000 damages claim after a photographer working for The Star was allegedly accosted by members of the police and manhandled while in the capital city to cover the trial of Oscar Pistorius last year.
Dumisani Sibeko had to spend four hours in a cell at Pretoria Central police station before he was released.
His freedom could only be secured after he unwillingly agreed to sign a document saying he would not institute proceedings against the police and that the matter had been “amicably resolved”.
But this was not the case, as Sibeko still has flashbacks of his nightmare on March 14 last year.
He was walking down Paul Kruger Street from the Gautrain on his way to the Pretoria News, also part of Independent Media, with his camera equipment in a bag.
He was suddenly confronted by a woman who grabbed his arm.
Sibeko said he tried to defend himself and his expensive equipment, as he thought he was being robbed.
He said in papers filed at the high court in Pretoria that he immediately noticed another woman in front of him, pointing a firearm at him. Both were dressed in civilian clothes.
The two were shouting between them that they had to search Sibeko. He in turn demanded to know who they were and why they wanted to search him. He said they failed to identify themselves and he feared it was a robbery.
Seconds later two men, also dressed in civilian clothes, arrived and the women told them Sibeko was resisting arrest.
They tried to cuff his hands behind his back and kept on asking him whether he was in possession of drugs and whether he had asylum.
“I am not a foreigner and I spoke to them in their own language,” Sibeko said. By that time he suspected they may be police officers, but he was still not sure because they did not identify themselves.
He said they suddenly and for no reason, pepper sprayed and throttled him after they had cuffed him.
They threatened to pepper spray him again if he did not stop asking who they were.
Sibeko showed them his press card and said he was in the city to work on the Oscar Pistorius trial. “They said I must not think I am above the law because I am a journalist.”
They held him by his pants and frog-marched him to the police station, where he was kept in a cell. After four hours a policeman said they were prepared to let him go if he signed the document and agreed not to take the matter further.
Sibeko said he refused, but was told he would remain in jail for the entire weekend.
He signed it and was released.
He was taken to hospital as he suffered injuries to his arm, private parts, eyes and back due to allegedly being manhandled.
“It was a terrible experience, humiliating and frightening. My son was less than a month old. I kept on seeing him in my mind and I knew I had to survive, because I had to take care of him. I knew I could not run away or do something drastic, as they would shoot me.”
Denying any wrongdoing, the police said in papers the officers were reservists. They were searching everyone in the area and became suspicious when Sibeko refused to be searched, especially as he carried a bag. They said they took him to the police station to be searched by their seniors, as they were mere reservists.
Pretoria News