Falsely branded as killers during a late night raid by the police at their home, arrested in front of their children and their neighbours and detained a smelly cells for a week, will cost the taxpayer more than half a million rand.
The North West division of the high court, sitting in Mahikeng, ordered that the minister of police had to pay R275 000 each to Lesego Motlhaolwa and Mpunzie Nobandla following their harrowing ordeal at the hands of the police.
The latter admitted to the couple’s claims and called no witnesses to refute them.
The couple were arrested on March 27, 2018, and detained until April 3, 2018.
While they were eventually taken to court after a week of sitting in the police cells, they were taken to the holding cells at court, only to be released later as the prosecutor declined to prosecute them.
Motlhaolwa testified they were at home, going about their own business, when the police arrived. The SAPS did very little to conceal their arrival, announcing their presence with a convoy of no less than 10 police vehicles and police lights.
They had made it clear they had come to “catch a killer”, she told the court. Both she and Nobandla were told they were under arrest for murder. Although the couple had no idea what the police were referring to, they co-operated and handed themselves over to the officers.
Motlhaolwa testified that there were a lot of people who came to watch, and some saw her inside the police vehicle when they were driving around. She stated that the police did not explain why they considered it necessary to come in 10 police vehicles. They only stated that they were there to arrest murderers.
They proceeded to the Mahikeng police station, leaving their unattended to children behind.
Regarding the condition of the cell and the circumstances of her detention, she testified that the conditions were bad as the cell was dirty with little running water. The toilet did not flush, so they used bottles to fetch water from the shower to flush the toilet. They followed the same process for bathing.
There were four of them in the cell, and they took turns to clean the cell. She said the blankets were smelly.
Motlhaolwa said although nothing came of the charges, she was now considered a killer by her neighbours and members of her community.
Nobandla had a similar story to tell. He was locked up with 15 other inmates. He testified that he was assaulted and bullied every night by the other inmates who asked him for money and cigarettes.
He was also instructed to do chores for other inmates. He later learnt that the bullying was because he was not part of the “Zisebenzi” gang. Others tied bottles of water to his private parts, mocking him, and telling everybody that he was a killer
He only managed to eat for only three of the seven days he was in detention, as the gang members took his food from him. At one stage he witnessed another inmate being ill-treated far worse than he was, and was afraid that the gang members would do the same to him.
He stated that his arrest caused him emotional shock and trauma.
The couple claimed a total of R900 000 in damages, but the court concluded that R275 000 was a fair amount to compensate them for their ordeal.
Pretoria News