Police have, not for the first time, learnt the hard and costly way that they cannot just arrest anyone without evidence of criminality.
Prophet Paseka Motsoeneng, popularly known as “Mboro”, said he wanted his victory at the South Gauteng High Court, Johannesburg on Tuesday to send a clear message to the public that they had recourse when arrested and detained unlawfully.
Acting Judge David Makhoba ordered the police to pay Incredible Happenings’ Motsoeneng R100000 for unlawfully arresting and detaining him in 2011. This will balloon to almost R200000, as police will also have to pay 15.5% interest dating back to 2014 when Motsoeneng served them summons. The ministry of police must also pay the prophet’s legal costs.
Police pounced on Motsoeneng and three of his congregants at a Bedfordview shopping complex in 2011, arresting and detaining them overnight on possession of firearms and attempted robbery claims.
They were released without appearing before a magistrate, as it became clear the firearms were legal and the men were not attempting a robbery.
In a lawsuit that police did not dispute, Motsoeneng had claimed R300000 for damages. Makhoba ruled that R100000 was fair.
“Having given careful consideration to all relevant facts, including the status, age, circumstances of his
arrest, his social standing, professional standing, the fact that he was arrested for an improper motive and awards in comparable cases, I am of the view that a fair and appropriate award of damages for unlawful arrest and
detention is an amount of R100000,” said Makhoba.
Motsoeneng said the ruling “spoke volumes” that police could not get away with “contemptuous arrests”.
“With this we’re going to make sure that we assist people. A lot of people are being abused by the police,” Motsoeneng said after the judgment.
“Police become a law unto themselves. You just can’t (do that).
“For me it’s not just about money. It is about justice. There are people who are spending time in jail for things they didn’t do,” he added.
“Some are being framed. At least, the country will know (that you can’t be arrested and detained unlawfully).”
Andries Grové, Motsoeneng’s lawyer, said the victory was a reminder to police that they should have evidence before arresting anyone.