An elderly Mdantsane widow is suing the minister of police for R400000 for unlawful arrest and malicious detention.
Nokuzola Gobodo, 64, claims she was arrested on April 2 this year and held without a warrant or valid reason. The arrest was allegedly connected to a claim that Gobodo had contravened a protection order.
The woman said police officers arrived at her home at about 8am on the Saturday.
In papers submitted in support of her suit, Gobodo said she was “unlawfully and forcefully shoved into a marked police vehicle in full view of members of the public and paraded as a criminal”.
She said she was detained at Mdantsane Police Station until the following Monday when she was taken to court.
She was “unlawfully” forced to wait in the court holding cells without being called to appear before a magistrate.
She spent the entire day there, until she was told to go home at 5pm when a court orderly told jer charges against her had been withdrawn.
Gobodo is now suing the minister of police, Nathi Nhleko, because he is responsible for the activities of the police.
Gobodo claims the damages she suffered included being portrayed as a criminal, being unlawfully deprived of her freedom of movement and privacy, and having her dignity, good name and reputation impaired.
She is also suing for psychological trauma.
Aggravating factors in the injury to her dignity were:
She is a respected member of the community with an unblemished record;
She is a regular church-goer who plays a significant role in the church and is in good standing;
She has never been in breach of the law;
She was arrested in a derogatory, demeaning and insulting manner; and
No apology or explanation has been offered.
Gobodo’s legal team filed the papers in the East London Regional Court on Monday and have given the minister 20 days to indicate whether or not he will defend the action.
Musa Zondi, spokesman for the minister of police, yesterday said he could not confirm whether they would defend the matter.
“It depends on the merits of each case. I would have to find out with our legal department if we will defend this particular one,” Zondi said.
Police sued after gogo arrested
Nokuzola Gobodo, 64, claims she was arrested on April 2 this year and held without a warrant or valid reason. The arrest was allegedly connected to a claim that Gobodo had contravened a protection order.
The woman said police officers arrived at her home at about 8am on the Saturday.
In papers submitted in support of her suit, Gobodo said she was “unlawfully and forcefully shoved into a marked police vehicle in full view of members of the public and paraded as a criminal”.
She said she was detained at Mdantsane Police Station until the following Monday when she was taken to court.
She was “unlawfully” forced to wait in the court holding cells without being called to appear before a magistrate.
She spent the entire day there, until she was told to go home at 5pm when a court orderly told jer charges against her had been withdrawn.
Gobodo is now suing the minister of police, Nathi Nhleko, because he is responsible for the activities of the police.
Gobodo claims the damages she suffered included being portrayed as a criminal, being unlawfully deprived of her freedom of movement and privacy, and having her dignity, good name and reputation impaired.
She is also suing for psychological trauma.
Aggravating factors in the injury to her dignity were:
She is a respected member of the community with an unblemished record;
She is a regular church-goer who plays a significant role in the church and is in good standing;
She has never been in breach of the law;
She was arrested in a derogatory, demeaning and insulting manner; and
No apology or explanation has been offered.
Gobodo’s legal team filed the papers in the East London Regional Court on Monday and have given the minister 20 days to indicate whether or not he will defend the action.
Musa Zondi, spokesman for the minister of police, yesterday said he could not confirm whether they would defend the matter.
“It depends on the merits of each case. I would have to find out with our legal department if we will defend this particular one,” Zondi said.
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