Police Minister Fikile Mbalula and the King Sabata Dalindyebo Municipality were ordered by the Mthatha High Court yesterday to pay damages of R1 515 000 plus interest for the unlawful arrest and detention of 14 people, one of them EFF MP Fana Mokoena.
Mokoena was in parliament yesterday and unable to comment after he was awarded R130000, while two EFF officer-bearers will get R115000 and 11 co-plaintiffs will get R105000 each.
The group initially sued the municipality (first respondent) and the minister of police (second respondent) for R11.9-million.
The Daily Dispatch reported in 2015 that EFF member of parliament Fana Mokoena, EFF’s OR Tambo interim regional coordinator Mbuyisi Mgibisa and the EFF’s KSD ward 7 leader Sisa Xundu, were arrested and accused of defeating the ends of justice. Other residents of KwaRay informal settlement, now called Maiden Farm, were arrested for land invasion.
The arrests came after more than 300 houses and shacks were demolished in the settlement by KSD and the police.
The municipality claimed residents were illegally occupying municipal land intended for a housing development.
The group was released following the intervention of their attorney Thembinkosi Luzipho of TM Luzipho Attorneys.
Dispatch reported in 2015 how the group had spent about 20 hours in police cells before being released and how Mokoena had claimed to have been assaulted by a municipal police officer.
The judgment written by acting judge Mpumelelo Notununu, though not deliver by him, states that it is not clear whether the KSD officials were in possession of any court order authorising the demolition.
“What is, however, certain is that no court order was shown to, at least the , who had apparently interacted with the KSD officials on the occasion in question,” Notununu wrote.
The plaintiffs each claimed an amount of R850000 which included R100000 for pain and suffering, emotional and physical shock, R150000 for unlawful arrest and R600000 for unlawful detention.
Notununu found that during the early days of the trial the minister threw in the towel and conceded liability and the affected parties agreed on an amount to be paid as damages. KSD had also eventually conceded liability but no agreement was reached with the victims and both parties had to argue in court over the quantum (the amount of money) to be paid to the 14 plaintiffs.
The 14 were then classified into three categories, the first category was Mokoena as first plaintiff, the second category was Mgibisa and Xundu as second and third plaintiffs and the third category was for 11 plaintiffs from number four to 14.
The judge ordered KSD to pay the 11 plaintiffs, (4 to 14) R60000 each, Mgibisa and Xundu R70 000 and the EFF MP got R85000.
He ordered Mbalula to pay R45000 to each of the 14, which means Mokoena will get a total R130000 with an extra 9% per annum in interest from from the date of issue of summons until the day it is paid.
All the plaintiffs were entitled to the same interest rate and period.
Mgibisa and Xundu will get R115000 excluding interest, and each of the remaining 11 will get R105000. In determining the quantum the judge wrote he had taken into account the agreement between the minister as the second respondent and the 14 plaintiffs and the role played by the KSD officials in the whole matter.
Notununu wrote: “I have no doubt in my mind that they set the ball rolling, had they not unlawfully arrested the plaintiffs we would not be here today dealing with this matter. This is clearly evidenced by the senior inspector of the KSD law enforcement department.
“He had taken over the duty of the SAPS and he himself prepared and signed the documents that were supposed to have been prepared and signed by the police.”
Afterwards, there were smiles and handshakes among the six plaintiffs who attended court.
One plaintiff, who asked to remain anonymous out of fear of being swamped by loan-seekers said: “We are happy with the judgment and the amounts agreed on because there is an impact of restoring the public’s confidence in the system and it is an indication that no-one is above the law.”
KSD spokesman Sonwabo Mampoza said they were still waiting for the order to be delivered. — ziphon@dispatch.co.za
Mbalula ordered to pay EFF offcials, 'land invaders' for unlawful arrest
Mokoena was in parliament yesterday and unable to comment after he was awarded R130000, while two EFF officer-bearers will get R115000 and 11 co-plaintiffs will get R105000 each.
The group initially sued the municipality (first respondent) and the minister of police (second respondent) for R11.9-million.
The Daily Dispatch reported in 2015 that EFF member of parliament Fana Mokoena, EFF’s OR Tambo interim regional coordinator Mbuyisi Mgibisa and the EFF’s KSD ward 7 leader Sisa Xundu, were arrested and accused of defeating the ends of justice. Other residents of KwaRay informal settlement, now called Maiden Farm, were arrested for land invasion.
The arrests came after more than 300 houses and shacks were demolished in the settlement by KSD and the police.
The municipality claimed residents were illegally occupying municipal land intended for a housing development.
The group was released following the intervention of their attorney Thembinkosi Luzipho of TM Luzipho Attorneys.
Dispatch reported in 2015 how the group had spent about 20 hours in police cells before being released and how Mokoena had claimed to have been assaulted by a municipal police officer.
The judgment written by acting judge Mpumelelo Notununu, though not deliver by him, states that it is not clear whether the KSD officials were in possession of any court order authorising the demolition.
“What is, however, certain is that no court order was shown to, at least the , who had apparently interacted with the KSD officials on the occasion in question,” Notununu wrote.
The plaintiffs each claimed an amount of R850000 which included R100000 for pain and suffering, emotional and physical shock, R150000 for unlawful arrest and R600000 for unlawful detention.
Notununu found that during the early days of the trial the minister threw in the towel and conceded liability and the affected parties agreed on an amount to be paid as damages. KSD had also eventually conceded liability but no agreement was reached with the victims and both parties had to argue in court over the quantum (the amount of money) to be paid to the 14 plaintiffs.
The 14 were then classified into three categories, the first category was Mokoena as first plaintiff, the second category was Mgibisa and Xundu as second and third plaintiffs and the third category was for 11 plaintiffs from number four to 14.
The judge ordered KSD to pay the 11 plaintiffs, (4 to 14) R60000 each, Mgibisa and Xundu R70 000 and the EFF MP got R85000.
He ordered Mbalula to pay R45000 to each of the 14, which means Mokoena will get a total R130000 with an extra 9% per annum in interest from from the date of issue of summons until the day it is paid.
All the plaintiffs were entitled to the same interest rate and period.
Mgibisa and Xundu will get R115000 excluding interest, and each of the remaining 11 will get R105000. In determining the quantum the judge wrote he had taken into account the agreement between the minister as the second respondent and the 14 plaintiffs and the role played by the KSD officials in the whole matter.
Notununu wrote: “I have no doubt in my mind that they set the ball rolling, had they not unlawfully arrested the plaintiffs we would not be here today dealing with this matter. This is clearly evidenced by the senior inspector of the KSD law enforcement department.
“He had taken over the duty of the SAPS and he himself prepared and signed the documents that were supposed to have been prepared and signed by the police.”
Afterwards, there were smiles and handshakes among the six plaintiffs who attended court.
One plaintiff, who asked to remain anonymous out of fear of being swamped by loan-seekers said: “We are happy with the judgment and the amounts agreed on because there is an impact of restoring the public’s confidence in the system and it is an indication that no-one is above the law.”
KSD spokesman Sonwabo Mampoza said they were still waiting for the order to be delivered. — ziphon@dispatch.co.za
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