THE Economic Freedom Fighters and KwaRay informal settlement residents have vowed to sue the King Sabata Dalindyebo (KSD) municipality for unlawful arrest and detention.
This comes after EFF MP Fana Mokoena was arrested shortly after 5pm on Friday along with 16 KwaRay informal settlement residents.
The EFF’s OR Tambo interim regional coordinator Mbuyisi Mgibisa and its KSD ward 7 leader Sisa Xundu were arrested later at Madeira police station in Mthatha when they went to visit Mokoena.
It is alleged Xundu was arrested after he was overheard saying: “Zuma is a thief”. Mgibisa was allegedly arrested as an accomplice.
The group spent about 20 hours in police cells before being released.
The arrests were carried out by KSD law enforcement officers for intimidation, defeating the ends of justice and land invasion.
Mokoena claims he had been assaulted by a municipal police officer, but was yet to open a case.
He and the others were arrested at the informal settlement where Mokeona was to have had a meeting with the residents.
More than 300 houses and shacks were demolished in KwaRay last week by KSD and police.
The municipality claimed residents were illegally occupying municipal land intended for a housing development.
SAPS spokeswoman Warrant Officer Dineo Koena on Friday said: “The three politicians (Mokoena, Mgibisa and Xundu) were arrested for intimidation and defeating the ends of justice.
“The rest are charged for land invasion and contempt of court.”
However, the group was released at 1pm on Saturday after being detained at the Mthatha Central police station following the intervention of attorney Thembinkosi Luzipho of TM Luzipho Attorneys.
“They were arrested by KSD law enforcement officers. There was no court order produced which my clients violated and no explanation of the intimidation (charges).
“Since Friday I have been working hard until they were all released without being formally charged. My instruction is now to sue the KSD’s law enforcement unit for unlawful arrest and detention,” he said.
NPA regional spokesman Luxolo Tyali could not be reached for comment.
Mokoena said: “I will take this matter up politically and legally and ensure the KSD accounts for their actions.”
KSD public safety portfolio head, councillor Soga Mlandu, and senior public safety managers including Silulami Sobuwa were at Madeira police station when the group was taken there.
KwaRay resident Lungile Dlamini, his wife Ncamisile Ngcobo and their three young children aged from six months to three years were among those forced to sleep in the open after their shack was demolished on Friday.
On Wednesday their two-roomed brick and mortar house was also demolished. Ngcobo was among the residents arrested.
EFF national spokesman Mbuyiseni Ndlozi said Mokoena had been engaged in a protest to stop the municipality from illegally demolishing people’s homes at the time of his arrest.
“The municipality was in contravention of a standing court order which barred them from demolishing these homes.
“He was there to stop our people from being thrown onto the streets and out in the cold by the merciless ANC government.”
He said there were laws in place prohibiting any person from being evicted without alternative accommodation being provided for them by the municipality. — lulamilef-@dispatch.co.za
EFF and residents to sue municipality
This comes after EFF MP Fana Mokoena was arrested shortly after 5pm on Friday along with 16 KwaRay informal settlement residents.
The EFF’s OR Tambo interim regional coordinator Mbuyisi Mgibisa and its KSD ward 7 leader Sisa Xundu were arrested later at Madeira police station in Mthatha when they went to visit Mokoena.
It is alleged Xundu was arrested after he was overheard saying: “Zuma is a thief”. Mgibisa was allegedly arrested as an accomplice.
The group spent about 20 hours in police cells before being released.
The arrests were carried out by KSD law enforcement officers for intimidation, defeating the ends of justice and land invasion.
Mokoena claims he had been assaulted by a municipal police officer, but was yet to open a case.
He and the others were arrested at the informal settlement where Mokeona was to have had a meeting with the residents.
More than 300 houses and shacks were demolished in KwaRay last week by KSD and police.
The municipality claimed residents were illegally occupying municipal land intended for a housing development.
SAPS spokeswoman Warrant Officer Dineo Koena on Friday said: “The three politicians (Mokoena, Mgibisa and Xundu) were arrested for intimidation and defeating the ends of justice.
“The rest are charged for land invasion and contempt of court.”
However, the group was released at 1pm on Saturday after being detained at the Mthatha Central police station following the intervention of attorney Thembinkosi Luzipho of TM Luzipho Attorneys.
“They were arrested by KSD law enforcement officers. There was no court order produced which my clients violated and no explanation of the intimidation (charges).
“Since Friday I have been working hard until they were all released without being formally charged. My instruction is now to sue the KSD’s law enforcement unit for unlawful arrest and detention,” he said.
NPA regional spokesman Luxolo Tyali could not be reached for comment.
Mokoena said: “I will take this matter up politically and legally and ensure the KSD accounts for their actions.”
KSD public safety portfolio head, councillor Soga Mlandu, and senior public safety managers including Silulami Sobuwa were at Madeira police station when the group was taken there.
KwaRay resident Lungile Dlamini, his wife Ncamisile Ngcobo and their three young children aged from six months to three years were among those forced to sleep in the open after their shack was demolished on Friday.
On Wednesday their two-roomed brick and mortar house was also demolished. Ngcobo was among the residents arrested.
EFF national spokesman Mbuyiseni Ndlozi said Mokoena had been engaged in a protest to stop the municipality from illegally demolishing people’s homes at the time of his arrest.
“The municipality was in contravention of a standing court order which barred them from demolishing these homes.
“He was there to stop our people from being thrown onto the streets and out in the cold by the merciless ANC government.”
He said there were laws in place prohibiting any person from being evicted without alternative accommodation being provided for them by the municipality. — lulamilef-@dispatch.co.za
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