High-profile Eastern Cape Hawks corruption buster Captain Luphumlo Lwana and Police Minister Fikile Mbalula have been ordered by the Grahamstown High Court to pay over R400000 to Senqu municipality’s director of integrated planning, monitoring and evaluation.
Palesa Bushula, a 46-year-old married mother of two who holds two law degrees, sued Lwana for assault, theft, and wrongful arrest and detention following the events of July 2 2013, when Lwana went to the municipality in Lady Grey to arrest municipal manager Mxolisi Yawa on fraud charges.
According to court papers, Bushula filmed Yawa’s arrest using her cellphone. Lwana confiscated the phone as a result and later arrested her on charges of defeating the administration of justice, interference, assault with intent to do grievous bodily harm and resisting arrest.
Regarding Bushula’s assault claim, Lwana admitted in court papers that he had used “a measure of force” to remove the cellphone from Bushula. However, he denied that his actions were wrongful or that they amounted to assault. Regarding the theft claim, Lwana said he confiscated the phone from Bushula as it formed part of the evidence in the fraud matter he was investigating.
Bushula testified that she met Lwana for the first time on the morning in question in a small meeting room of the municipality.
She asked him who he was and if she could see his identification. He refused and instead handed her a copy of a government gazette with highlighted parts outlining the duties and powers of the Hawks.
Bushula reasoned anyone could download a gazette from the internet and highlight sections of text in it.
Lwana said he was not prepared to show his identification to municipal officials and insisted on speaking to the municipal manager, saying he had evidence in his possession implicating the manager in wrongdoing.
The official continued to insist on seeing his identification. Lwana left the room saying he was going to speak to the mayor.
Yawa summoned his attorney, Andre Schoombee, to resolve the stand-off. Schoombee advised Yawa that municipal officials had a right to insist on Lwana identifying himself and producing a warrant.
Lwana proceeded to handcuff Yawa and Schoombee called on anyone in the room to capture on video what he termed an “illegal arrest”.
Bushula began filming. Judge Geraldine Beshe found the video in question was consistent with Bushula’s account of what happened.
She found that Mbalula and Lwana were liable for a fine.
She fined them R250000 for wrongful arrest and detention, R100000 for malicious prosecution, R50000 for assault and damages and an additional R4000 for theft.
Eastern Cape Hawks spokeswoman Captain Anelisa Feni declined to comment. — zwangam@dispatch.co.za
Hawks top cop, Mbalula fined R400k
Palesa Bushula, a 46-year-old married mother of two who holds two law degrees, sued Lwana for assault, theft, and wrongful arrest and detention following the events of July 2 2013, when Lwana went to the municipality in Lady Grey to arrest municipal manager Mxolisi Yawa on fraud charges.
According to court papers, Bushula filmed Yawa’s arrest using her cellphone. Lwana confiscated the phone as a result and later arrested her on charges of defeating the administration of justice, interference, assault with intent to do grievous bodily harm and resisting arrest.
Regarding Bushula’s assault claim, Lwana admitted in court papers that he had used “a measure of force” to remove the cellphone from Bushula. However, he denied that his actions were wrongful or that they amounted to assault. Regarding the theft claim, Lwana said he confiscated the phone from Bushula as it formed part of the evidence in the fraud matter he was investigating.
Bushula testified that she met Lwana for the first time on the morning in question in a small meeting room of the municipality.
She asked him who he was and if she could see his identification. He refused and instead handed her a copy of a government gazette with highlighted parts outlining the duties and powers of the Hawks.
Bushula reasoned anyone could download a gazette from the internet and highlight sections of text in it.
Lwana said he was not prepared to show his identification to municipal officials and insisted on speaking to the municipal manager, saying he had evidence in his possession implicating the manager in wrongdoing.
The official continued to insist on seeing his identification. Lwana left the room saying he was going to speak to the mayor.
Yawa summoned his attorney, Andre Schoombee, to resolve the stand-off. Schoombee advised Yawa that municipal officials had a right to insist on Lwana identifying himself and producing a warrant.
Lwana proceeded to handcuff Yawa and Schoombee called on anyone in the room to capture on video what he termed an “illegal arrest”.
Bushula began filming. Judge Geraldine Beshe found the video in question was consistent with Bushula’s account of what happened.
She found that Mbalula and Lwana were liable for a fine.
She fined them R250000 for wrongful arrest and detention, R100000 for malicious prosecution, R50000 for assault and damages and an additional R4000 for theft.
Eastern Cape Hawks spokeswoman Captain Anelisa Feni declined to comment. — zwangam@dispatch.co.za
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