CAPE TOWN - The police ministry will have to cough up just over R170 000 for the unlawful arrest of a man at a festival in 2018 where an altercation erupted and another person was seriously injured.
The plaintiff, Keenan Noemdoe, who was an independent security official at the festival, claimed damages against the police minister for his alleged unlawful arrest and detention. He was arrested on a charge of assault with intent to do grievous bodily harm and/or assault with the infliction of a dangerous wound and was detained for 26 hours and 25 minutes at the Motherwell police station in the Eastern Cape.
The police, however, argued that Noemdoe was lawfully and justifiably arrested and detained without a warrant and this was effected in terms of section 40(1)(b) of the Criminal Procedure Act.
According to details that led to the arrest of Noemdoe, a man had wanted to enter the festival, but his vehicle had to be subjected to a search as patrons were not permitted to bring alcohol or glass into the estate. The man who wanted to enter the estate was found with a glass in his hand, from which he was drinking what appeared to be an alcoholic beverage, and the situation became volatile when he declined to have his vehicle searched.
A scuffle ensued shortly after where the man had attempted to strike another security guard with a closed champagne bottle. During the confrontation, the bottle broke and from blocking the blow to his face, the security guard suffered a wound to his chin which bled profusely.
Noemdoe had, according to court documents, been arrested shortly after the scuffle without giving his version of events “as it fell on deaf ears” and the SAPS had not obtained witness statements before arresting and detaining him.
Judgment papers read: “It is common cause that Constable Mandla, prior to the arrest of the plaintiff: failed to obtain exculpatory statements from the plaintiff; Joel Majanie; and/or from any one of the numerous persons who witnessed the incident; and (ii) that he had no information concerning the personal circumstances of Noemdoe…
“It is clear that Constable Mandla relied solely on the version told to him by Mzimansi, which in itself was scant if regard is had to his evidence, and the injuries which he was presented with. He failed to investigate the further circumstances of the assault itself; and whether the wound was inflicted intentionally or whether it came about accidentally during the scuffle. Constable Mandla wrongly assumed that the assault was committed with intent to do grievous bodily harm and that the offence is listed in Schedule 1.”
The minister of police was ordered to pay R170 948, with interest at the legal rate, to Noemdoe.
Enquiries to the police ministry were unanswered at deadline.
Cape Times