Johannesburg - Police Minister Bheki Cele is embroiled in a R4million lawsuit, together with National Prosecutions Authority (NPA) head Shamila Batohi, for “malicious prosecution” of an officer in a matter involving violent police officers.
Colonel Siya Notisi is seeking compensation for his August 2015 arrest regarding the infamous “Springs Bad Boys” case, where a police officer and two informants were found guilty and each handed three life sentences for three gruesome killings of murder suspects.
Notisi was charged with fraud, perjury and defeating the administration of justice after being falsely accused of lying that Lwazi Dlangamandla, one of the convicted murderers, was not an informant when, in fact, he was.
However, in October 2015, the Springs Magistrate’s Court was scathing when it threw the case out, saying the State had no evidence to prosecute Notisi, before he could make his defence in the matter.
“It is beyond my understanding why this accused (Notisi) was charged in the first place It is beyond my understanding, and I really do not have words for whoever made the decision to charge the accused in this matter,” the Springs court said, according to transcribed records.
“You know what? The reality is if this court can grant a cost order against the State in this case, I would have done it. There is no doubt in my mind.
“If this court was able to do that, this is the one case that I have ever dealt with where I would have done it, because there is simply no evidence, not even a hint of a suggestion that the accused had acted improperly.”
The court’s views emboldened Notisi to file a R4m suit against the police minister and the NPA head - even though both Cele and Batohi were not in office when the alleged wrongful prosecution took place.
In papers filed in the North Gauteng High Court, Pretoria, Notisi argued: “The defendants (Cele and Batohi) wrongfully and maliciously set the law in motion without any reasonable and probable cause and were actuated by an improper motive of malice in prosecuting (Notisi).”
Lirandzu Themba, spokesperson for Cele, said the ministry believed that the matter concerned the Independent Police Investigative Directorate (Ipid).
“According to our legal team, Ipid probed and charged Notisi and the claim is against the organisation (Ipid),” Themba said.
NPA spokesperson Bulelwa Makeke said: “The NPA is aware of the claim. The matter is handled by the State Attorney. The NPA has made recommendations to the State Attorney.”