eThekwini Municipality pays a collective R1 million in damages for unlawful arrests

The eThekwini Municipality has paid out collective damages of R1 million in a case brought by three men who said they were unlawfully arrested by Metro police officers for carrying sealed bottles of beer.

A judgment handed down by the Durban High Court earlier this year revealed that the men were initially suspected of drinking in public by the Metro police due to their possession of the sealed bottles. The situation thereafter escalated and the men were arrested and spent time in jail, where they said they were subjected to severe mistreatment. One of the men, Philani Lukhele, was also shot in the leg during the incident.

The court awarded the men damages for past loss of earnings, unlawful arrest and detention, and assault and contumelia. Msizi Cele was awarded R231,000, Welcome Hlongwa received R240,200 while Lukhele's case was distinguished from the other due to the severe injury he sustained. He was awarded R649,500. The court judgment noted that all three victims testified in support of their claims, while the municipality closed its case without calling any witnesses.

“The undisputed evidence of the plaintiffs’ case is that on 15 December 2012, they were walking in Chatsworth towards the taxi rank, carrying two sealed bottles of beer,” the judgment stated. The men testified that a Metro police officer, who was in a private vehicle, approached them and accused them of drinking in public.

The three denied this, asserting that their beers were sealed. The three boarded a taxi to Durban and the Metro police followed them in their vehicle and then stopped the taxi at a roadblock. Other officers were also at the roadblock. The officer who had initially questioned them pointed them out to other officers, leading to their removal from the taxi.

“When the victims inquired about their alleged wrongdoing, the police did not respond. Instead, they were assaulted publicly. The police fired four shots in the direction of Msizi but missed him; they eventually shot Philani in the knee,” said the judgment. The men said they were handcuffed and placed in a Metro police van and pepper spray was sprayed in the back of the van. When Lukhele, who suffers from asthma, requested his inhaler, one of the officers took it from his pocket and inhaled from it, the judgment said.

It said the police then transported them to Chatsworth police station, where they were further assaulted. The three, according to the judgment, said they had overheard one officer instructing another to fabricate a story that they had attempted to deprive the officer of his firearm. Shortly thereafter, an ambulance arrived, but the driver spoke to the police officer and then drove away. Lukhele was taken to the hospital, where he was treated for his injury while being guarded by police and handcuffed to a bed.

“Msizi and Welcome were taken to Bellair police station, where they were detained for four days before being brought to Chatsworth Magistrates’ Court, where they were released without appearing in court.”

During their four days in detention, Msizi and Welcome said they did not eat any food; they were given one meal by another detainee who was receiving food from his family. Philani spent six days in hospital and was released without appearing in court.

The court found that the circumstances of the case demonstrated malice on the part of the Metro police during the arrests. “The evidence indicated that the police were not investigating any offence and had no reasonable suspicion against the plaintiffs when they were arbitrarily arrested. The police shot at unarmed individuals who posed no threat, victimising those they were meant to protect.”

The plaintiffs were represented by attorney Ajit Severaj. 

It is understood that the municipality has made payment to the plaintiffs. The City was contacted for comment last week but had not responded by publication.

THE MERCURY