Police car could settle legal claim

Court orders police to pay sisters R50k.

DESPITE police complaining of a shortage of vehicles, Ngcobo police station in the Transkei could end up having one sold to pay for the wrongful arrest of two women.

Sisters NomaRussia and Nomzamo Nkasela of Mgcina village were arrested in 2009 after they were accused of witchcraft.

A case of crimen injuria was opened against them but the deputy public prosecutor refused to prosecute the case.

The sisters later sued the police ministry and the police officer who arrested them for wrongful arrest.

Although they lost the case heard in the Ngcobo Magistrate’s Court, they appealed and in June this year, the Mthatha High Court ruled in their favour and ordered the police ministry pay them R50000.

In a legal notice released by the Nkasela’s lawyers, Phumzile Songo Attorneys, a police vehicle and trailer belonging to Ngcobo police station will be put up for sale next month to raise the money.

But provincial police spokeswoman Colonel Sibongile Soci said the property was still in the police’s hands.

“The alleged sale or auction (of the vehicle and trailer) is premature. There is pending litigation on the matter and the SAPS is considering available legal options,” said Soci.

Songo however denied Soci’s claims. The case follows another lawsuit against the police after a 24-year-old man was shot and left paralysed in Dutywa in 2009.

Vuyisani Mlandeli, who was 20 at the time, was shot by Dutywa police while walking home with friends from a tavern.

After his story was published by the Daily Dispatch in 2012, his family was assisted by a Butterworth law firm and a sum of money, believed to amount to millions of rands, was paid out to him.

Eastern Cape police have paid out more than R73-million in past three financial years for 1707 civil claims instituted for transgressions such as unlawful arrest, assault and shooting.

This is the result of 4534 civil claims amounting to a R1.86-billion have been instituted against members in past three financial years since 2011.

• In 2011-12, the province paid more than R15-million settling 506 civil claims. In total 1493 claims amounting to more than R433-million were lodged that year;
• The following year R23.9-million was paid out to 538 claimants. Some 1609 claims were lodged for over R641-million; and
• In 2013-14 the figure rose to R33-million in the settlement of 663 claims.

The information was contained in a written response by safety and liaison MEC Weziwe Tikana to the Bhisho legislature after DA MPL Bobby Stevenson.

Tikana’s report revealed that most of the claims in the past three years were for unlawful arrest and detention (3057) and assault (268).

Safety and liaison portfolio committee chair and ANC MPL Michael Peter yesterday said the increase in complaints “shows that we have a problem”. — bonganif@dispatch. co.za / asandan@dispatch.co.za