A Buffalo Flats man is suing the Minister of Police for R800000 in an unlawful assault, arrest and detention claim.Curtis Nel told the court that on January 22 last year he was sleeping at his friend’s house in Southernwood when police assaulted and then arrested him.
“The assault, arrest and detention was unlawful and wrongful in that did not commit any offence and if he did, it was not an offence in relation to which he ought to have been assaulted, arrested and detained,” Nel argues in his court papers.
He adds that he sustained permanent severe head injuries, for which he is undergoing treatment at Life St Dominic’s Hospital.
As a result of the assault, Nel is claiming R700000 for pain and suffering, disfigurement, depression and loss of amenities of life. He is claiming a further R100000 for unlawful and wrongful arrest and detention.
The matter is opposed by the minister.
“ denies that was assaulted by members of the South African Police Services. had already been assaulted at the time that the members reached the scene where he was arrested. The arrest was neither unlawful nor wrongful,” the court papers read.
The minister said Nel was not arrested at a friend’s house as he alleged.
“ was arrested for being suspected of breaking into a motor vehicle,” the minister said in papers.
“ denies any obligation to compensate either as alleged or at all.”
Yesterday judge Dawid van Zyl ordered all of Nel’s cases be consolidated into one and that the consolidated case be heard on March 10 for trial.
EL man sues minister for ‘unlawful arrest’
Curtis Nel told the court that on January 22 last year he was sleeping at his friend’s house in Southernwood when police assaulted and then arrested him.
“The assault, arrest and detention was unlawful and wrongful in that did not commit any offence and if he did, it was not an offence in relation to which he ought to have been assaulted, arrested and detained,” Nel argues in his court papers.
He adds that he sustained permanent severe head injuries, for which he is undergoing treatment at Life St Dominic’s Hospital.
As a result of the assault, Nel is claiming R700000 for pain and suffering, disfigurement, depression and loss of amenities of life. He is claiming a further R100000 for unlawful and wrongful arrest and detention.
The matter is opposed by the minister.
“ denies that was assaulted by members of the South African Police Services. had already been assaulted at the time that the members reached the scene where he was arrested. The arrest was neither unlawful nor wrongful,” the court papers read.
The minister said Nel was not arrested at a friend’s house as he alleged.
“ was arrested for being suspected of breaking into a motor vehicle,” the minister said in papers.
“ denies any obligation to compensate either as alleged or at all.”
Yesterday judge Dawid van Zyl ordered all of Nel’s cases be consolidated into one and that the consolidated case be heard on March 10 for trial.
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending Now
Latest Videos