Four men wrongfully arrested in Beacon Bay and detained at the East London police station for five days without being charged have won a half a million rand settlement against the Minister of Police.
The men had initially each demanded R550000, citing pain and suffering as a result of the arrests. However, the East London High Court ruled that the department pay them each R120000.
Thulani Mkwanazi, Xolisa Gumede, Bongani Mabhele and Sakhumzi Maduko were arrested on December 9 2015 in Beacon Bay by Warrant Officer Eugene Chipps, a sector head of community policing.
According to court documents, Chipps effected the arrest on the basis of information he received through a WhatsApp chat group of the Beacon Bay Neighbourhood Crime Prevention Forum.
The message was posted at 8am that day stating that there had been a break-in at a house in Hawkshead Drive in Beacon Bay and that a maroon Toyota Camry sedan was seen driving around in the area.
In his judgment East London High Court Judge John Smith said: “It is a matter of public record that burglaries in the area are rampant and that police investigations seldom result in the arrests of suspects.
“One can therefore understand Chipps’ excitement and the overexuberant manner in which he pursued investigations into what he considered to have been a ‘hot lead’.”
Court documents stated that Chipps approached a local building contractor known only as Juan and asked him whether he recognised the maroon Camry.
“The contractor recognised the car as that belonging to , who was involved in various subcontracts in the Beacon Bay area. Chipps and Juan then lured Mkwanazi to the latter’s building site in Beacon Bay on the pretext of a job.
“Mkwanazi and Gumede were arrested on their arrival. Mabhele and Maduko were arrested 30 minutes later,” Smith said.
He said the men were taken to Beacon Bay police station and later to the Fleet Street police station.
Smith described the grounds on which Chipps effected the arrest as “flimsy” and falling “far short of the required standard”.
Smith said Mkwanazi testified that after their detentions they had been unable to secure further contracts in the Beacon Bay area.
He found R120000 for each person was a justifiable amount.
Four EC men win R500 000 wrongful arrest suit
The men had initially each demanded R550000, citing pain and suffering as a result of the arrests. However, the East London High Court ruled that the department pay them each R120000.
Thulani Mkwanazi, Xolisa Gumede, Bongani Mabhele and Sakhumzi Maduko were arrested on December 9 2015 in Beacon Bay by Warrant Officer Eugene Chipps, a sector head of community policing.
According to court documents, Chipps effected the arrest on the basis of information he received through a WhatsApp chat group of the Beacon Bay Neighbourhood Crime Prevention Forum.
The message was posted at 8am that day stating that there had been a break-in at a house in Hawkshead Drive in Beacon Bay and that a maroon Toyota Camry sedan was seen driving around in the area.
In his judgment East London High Court Judge John Smith said: “It is a matter of public record that burglaries in the area are rampant and that police investigations seldom result in the arrests of suspects.
“One can therefore understand Chipps’ excitement and the overexuberant manner in which he pursued investigations into what he considered to have been a ‘hot lead’.”
Court documents stated that Chipps approached a local building contractor known only as Juan and asked him whether he recognised the maroon Camry.
“The contractor recognised the car as that belonging to , who was involved in various subcontracts in the Beacon Bay area. Chipps and Juan then lured Mkwanazi to the latter’s building site in Beacon Bay on the pretext of a job.
“Mkwanazi and Gumede were arrested on their arrival. Mabhele and Maduko were arrested 30 minutes later,” Smith said.
He said the men were taken to Beacon Bay police station and later to the Fleet Street police station.
Smith described the grounds on which Chipps effected the arrest as “flimsy” and falling “far short of the required standard”.
Smith said Mkwanazi testified that after their detentions they had been unable to secure further contracts in the Beacon Bay area.
He found R120000 for each person was a justifiable amount.
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