Former ANC leader Zolani Xego, 48, who was arrested by the Hawks in a gynaecologist’s waiting room, is suing the minister of police for R400,000.
Xego was being sought by the Hawks in November apparently for missing a deadline to hand himself over.
He had failed in his legal bid to overturn a conviction for fraud.
Now he claims the Hawks “unlawfully” and “wrongfully” swooped on him on December 4.
He also opened a case of police brutality against a Hawks Organised Crime Unit member, Warrant Officer Mncedisi Tiyeka.
The Hawks pounced on Xego in the gynaecologist's waiting room in East London two months after a warrant of arrest was issued against him, the Independent Police Investigative Directorate confirmed.
Xego claimed to the Dispatch that the gynaecologist who was about to examine his seven- month-pregnant fiancée tipped off the police via SMS and even made follow-up calls while he and his wife were in the examination room.
IPID spokesperson Moses Dlamini said: “Indeed the case is being investigated by our office. The matter is still under investigation.” Xego’s statement and that of his fiancée have been obtained by Ipid.”
In 2015 Xego was sentenced to 15 years in jail for fraud while his co-accused, ex-wife Vuyelwa Hlekiso, was sentenced to community supervision after Xego faked his own death.
Hlekiso tried to get insurers Discovery Life to pay out on the R3.6m policy he had taken out shortly before he “died”.
Following an application to appeal against the sentence, Xego was released on bail.
In October 2018, Grahamstown High Court judge Thamie Beshe reduced Xego's 15-year jail sentence to eight years after he applied for the conviction to be overturned.
In November the Hawks announced that they had served Xego with summons on October 18 to surrender himself in court within 72 hours to start serving his prison sentence.
Eastern Cape Hawks’ spokesperson Captain Anelisa Feni said Xego had failed to appear in court, and a warrant of arrest had been issued.
The letter of demand drafted by Xego's lawyer Ncumisa Nongongo of Malusi & Co Attorneys charges that on the day of his arrest, Xego was out on legal bail pending a decision by the Supreme Court of Appeal on a further application to appeal the reduced sentence.
Nongongo said, “We are further instructed that the said Warrant Officer Tiyeka assaulted our client by slapping him with an open fist and handcuffed him. Consequently our client suffered damages for violation of his right to freedom and security of the person, dignity and pain and suffering.”
“We are instructed to seek damages in the sum R400,000 for inter alia contumelia, pain and suffering, violation of dignity and freedom and security of the person.”
In a telephone interview, Xego claimed that he had been released on the same day of his arrest after his lawyers came and explained to Tiyeka that he was still out on bail awaiting the court decision and was not a fugitive from the law.
Xego further claimed that despite this, he had been harassed by the police again after he was detained at the Mozambique border gates at Libombo on the instructions of Tiyeka on January 7 2019.
“Again my lawyers saw to it that I was released.”
He said he also wanted to sue the gynaecologist, whose name is known to the Dispatch. “I was assaulted in front of five pregnant women and in front of my wife. The gynaecologist pushed my wife and locked her inside the examination room so that the cop could hit me without disruptions.”
Xego is the former ANC Beacon Bay Nokhanime (ward 4) branch chairperson.
SAPS national spokesperson Brigadier Vish Naidoo said: “In view of this being a litigation matter we would prefer not to respond in the media.”
The gynaecologist declined to comment...