A Mdantsane man is suing the minister of police for more than R2-million for unlawful arrest and detention.Andile Kama said he was arrested on January 30 2012 and went to court for the first time on February 1 2012, after being charged with robbery.
He claimed the police acted “in concert” with the prosecutor and bail was opposed.
He was denied bail until his trial on September 10 2012. He was found not guilty and discharged.
Kama then decided to sue the minister of police, national director of public prosecutions and Minister of Justice and Correctional Services.
Last year, he withdrew his claim against the Minister of Justice because in a special plea, Advocate Donovan Pitt argued that the minister had no mandate over who was prosecuted and ultimately imprisoned.
This week Kama withdrew his case against Pitt’s other client, the national director of public prosecutions.
At the time of his arrest, Kama was working as a security guard at CPS Security Company and claimed he lost his job as a result of the case against him.
He said his rights to liberty, a good name and reputation were infringed upon.
His claim in the East London High Court is for unlawful arrest and detention, malicious prosecution, loss of income and harsh treatment – to the tune of R2.5-million.
In court papers, the minister of police said the police officers had positive identification and had reasonable belief that Kama had committed a robbery at an NU1 tavern where money and alcohol was stolen.
In the papers, the minister denied that the arrest and detention were wrongful and unlawful and without justification.
The trial was postponed to June 6 2016 because Kama is in Cape Town and did not have money to attend court yesterday. — siyab@dispatch.co.za
Man suing minister for wrongful incarceration
Andile Kama said he was arrested on January 30 2012 and went to court for the first time on February 1 2012, after being charged with robbery.
He claimed the police acted “in concert” with the prosecutor and bail was opposed.
He was denied bail until his trial on September 10 2012. He was found not guilty and discharged.
Kama then decided to sue the minister of police, national director of public prosecutions and Minister of Justice and Correctional Services.
Last year, he withdrew his claim against the Minister of Justice because in a special plea, Advocate Donovan Pitt argued that the minister had no mandate over who was prosecuted and ultimately imprisoned.
This week Kama withdrew his case against Pitt’s other client, the national director of public prosecutions.
At the time of his arrest, Kama was working as a security guard at CPS Security Company and claimed he lost his job as a result of the case against him.
He said his rights to liberty, a good name and reputation were infringed upon.
His claim in the East London High Court is for unlawful arrest and detention, malicious prosecution, loss of income and harsh treatment – to the tune of R2.5-million.
In court papers, the minister of police said the police officers had positive identification and had reasonable belief that Kama had committed a robbery at an NU1 tavern where money and alcohol was stolen.
In the papers, the minister denied that the arrest and detention were wrongful and unlawful and without justification.
The trial was postponed to June 6 2016 because Kama is in Cape Town and did not have money to attend court yesterday. — siyab@dispatch.co.za
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