The Minister of Police will have to pay damages after the police unlawfully detained a man for 14 months, during which time he was severely tortured.
The North Gauteng High Court ruled in favour of Mr Tshimangadzo Munyai in December last year. In addition, Acting Judge Leah Gcabashe said in her ruling that not only had the police failed to complete their most rudimentary investigation tasks, but had also severely assaulted Munyai. "His [Munyai's] fear of the police is believable," said Gcabashe in her judgement.
Munyai's case stems from an incident in November 2011. On the 10th of that month, Munayi was wrongfully arrested by police and robbed of R7 800. Police members of the Tshamutumbu Police Station (in the Sibasa/Thohoyandou area) accused him of being an accomplice in an armed robbery.
On the day of his arrest, Munayi told the court, that he was en route to his home in Tshiungani Village, waiting at a cross-road intersection for transport. With him he had a bag containing the R7 800 cash with which he intended to use at home to "complete various tasks".
A Quantum mini-bus stopped next to him with approximately seven police officers. They searched him and confronted him about the cash, saying that the bills were counterfeit. They grabbed him, sprayed something in his eyes and dragged him behind some bushes where he was assaulted.
Munayi's whole body was bruised, swollen and the skin on his soles was peeling off. He had to be hospitalized for almost a week before he could stand on his feet. It was several more weeks before he could walk without extreme discomfort.
The community, according to the police's version, chased down Munyai and then handed him over for arrest. His injuries, the police said, were due to the fact that he took off his shoes during the pursuit and ran barefoot over hot stones and sand. As for the marks on his arms, the police claimed these came from thorn trees that had scratched him during his rapid flight. They also testified that Munayi had pointed out the firearm he had allegedly used during the robbery, but that ballistic tests revealed it to be a toy gun.
They were mute on the fact that Munyai only did the pointing out a month after his arrest as well as why this fact was not taken down in the police's investigation diary.
Munyai was released 14 months later on 15 January 2013 when he was acquitted of the charges of robbery. The owner of the spaza shop testified that he was not the person who had robbed the spaza store as both suspects had been much shorter than he was.
The police specifically denied that their members had assaulted Munyai and insisted that his arrest was executed in accordance with their lawful duties. Gcabashe condemned the police's witnesses, which included a police reservist and four police members of the Tshamutumbu Police Station.
" … [the] policemen did not conduct themselves as professional policemen. What they did smacks of a coverup of the truth of what really happened on 10 November 2011," she said.
The judge found that Munyai's account of events were more credible than that of the police, due to the incontrovertible evidence provided by him. This included the fact that he was admitted to the Messina Hospital for eight days after his arrest, detained at the Tshamutumbu Police Station, appeared in court and eventually acquitted of all charges following the testimony of the spaza shop owner. "There was no cause for the police to arrest Munyai on the spot or at all."
Gcabashe found that Munyai had been unlawfully arrested, detained and assaulted, and therefore should be paid damages. The Musina-based law firm, Erwee Attorneys, handled the claim on behalf of Munyai, and they were pleased by court's favourable judgement. Currently, they are awaiting a court date to be set to argue the exact amount of damages to be paid to Munyai by the Minister of Police.