Johannesburg - Police officers who act out of malice by arresting and detaining innocent members of the public will pay a heavy price, a judge warned as he ordered an officer to provide reasons why he should not be held personally liable for the legal costs incurred following a domestic worker’s civil claim against the SAPS.
He has 20 days to do so.
Judge Tatu Makgoka of the High Court in Pretoria awarded R100 000 damages to Alfred Dolamo after he was detained for four days on a charge of “trespassing with intent”.
The judge ordered that a copy of his judgment be served on Warrant Officer Johannes Muller, who must provide written reasons why he should not dig into his own pocket to pay Dolamo’s legal bill.
“I do not intend to order the minister (of police) to pay the costs, at least at this stage. The arrest of any person with an ulterior motive is malicious and amounts to a blatant abuse of power.”
The judge said there was a discernable increase in similar cases before the courts.
“I see no reason why the arresting officer should not be ordered to pay the costs from his own pocket.”
He, however, added that before he made such an order, it was only fair to give the officer an opportunity to state why he should not pay.
The SAPS admitted to be vicariously liable for the wrongful arrest by one of its officers.
The court only had to rule on the amount of damages Dolamo should receive.
Dolamo initially claimed R500 000 from the police following his nightmare ordeal when he was arrested in August 2010 near the gate of a house in Silverton.
According to him, he was walking home from work in Silverton and waited along the way for a friend, who worked nearby. A man came out of his house and asked Dolamo what he was doing there.
He explained he was waiting for someone but the man said he was lying and called the police.
Dolamo was arrested and detained at Silverton police station. He appeared in court a few days later, but the State refused to prosecute.
Muller explained that he was out patrolling the area when he received a call on the community radio from a girl that a man was standing in front of their gate, looking inside the yard.
Muller went to the house and asked Dolamo what he was doing there. According to him, Dolamo answered sarcastically: “Why, was there a crime committed?”
“I tried a few times for him to give me a proper answer, but he did not want to co-operate. I immediately arrested him for trespassing with intent,” Muller said.
Dolamo, 36, was detained for four days.
Judge Makgoka said there was simply no reason for the officer to suspect Dolamo of any wrongdoing.
He found the officer had acted maliciously and with an ulterior motive.
The Star