Durban - A man’s detention for days before being placed in leg irons and taken to Cape Town to face a drunk driving charge, which had been withdrawn, has resulted in a R1.2 million claim against the minister of police.
Vukani Ngubane’s case of bureaucratic bungling came before the Pietermaritzburg High Court yesterday and was adjourned to allow the minister time to file his plea as the matter was being defended.
The minister is cited as the employer of the police officers who messed up.
According to the particulars of claim, Ngubane, of Bisley in Pietermaritzburg, was arrested in Cape Town on March 26, 2011, without a warrant and detained for five hours at the Milnerton police station.
He was charged with driving under the influence of liquor or drugs.
“He was maliciously prosecuted until the charge was withdrawn in November 2011,” said the claim.
Ngubane left his contact details and address with a Constable Lumkwana so that he could easily be traced if and when police needed to contact him.
Two years later, he received a call from a Constable Legobate of the Milnerton police station.
She told him there was a warrant for his arrest. He was told to go to the Alexandra Road police station, which was in the area he lived in, and to speak to a Captain Veldhuyzen van Zanten. On November 12, 2013, he went to the station and met the captain, who had instructed another police officer to take Ngubane to the magistrate’s court.
After his court appearance, Ngubane was detained at the court cells and later at the Loop Street police station for six days.
On the November 18, Lumkwana and Legobate arrived to take him to Cape Town.
He was placed in leg irons during the journey.
“On route, when he needed to use the toilet or eat, he was taken out of the car in leg irons in full view of the public who moved away from him quickly, in fear,” the claim said.
Two days later, his Cape Town attorney was contacted by the police to say that the charge remained withdrawn and there was no need for him to have been arrested, detained and taken to Cape Town.
He was released from detention without any financial assistance to get back to Pietermaritzburg.
The conduct of the police, said the claim, was insulting, degrading and humiliating. It infringed and violated his rights to self respect and mental tranquillity and to be free from insulting, degrading, offensive or humiliating treatment.
There was no lawful jurisdiction for their conduct.
The claim added that the conduct of the police had impaired Ngubane’s dignity.
It was unlawful and was intentional.
The Mercury