Mamelodi's ‘No 1 Tsotsi’ challenges legality of his arrest
Pretoria - Mamelodi's’s so-called Number One Tsotsi Vusi “Khekhe” Mathibela is waiting for judgment on the legality of his arrest after abandoning his bid for bail.
Mathibela’s lawyers arrived at the Palace of Justice in Pretoria on Friday after convincing the high court that the nature of Mathibela’s arrest was an infringement on his human rights, and his challenge should be heard urgently.
Mathibela’s co-accused had been given R25000 bail each for their involvement in alleged extortion and intimidation of Mamelodi business- people and taxi operators who fearfully paid what amounted to protection fees to the group.
Annelise van den Heever, acting for Mathibela, told the court that her client could have obtained bail considering that he handed himself over to the police. However, he had opted instead to challenge his arrest and detention as unlawful. She told the court his warrant of arrest lacked an underlying affidavit as was required by law. She said her client was then taken to Mamelodi by the police. While they said it was to verify his address, they had their own reasons, she claimed.
She said his house was searched illegally but when he tried to bring the matter of his arrest to the attention of the magistrate’s court, he was told to take his complaint to a civil rights court.
Counsel for the State has rubbished Mathibela’s claims.