The Northern Cape high court has dismissed a R14.4m damages claim for unlawful seizure of sugilite gemstones from a Cape Town businessman in 2011.
The court, however, awarded damages of R700,000 for unlawful arrest and detention of Andrew Huxham and his daughter Faye, who were arrested in Kuruman after they were found with the gemstones in September 2011.
Huxham had initially sued the police minister for R4.4m in damages for the unlawful seizure of his sugilite gemstones by the police.
He had quantified the amount on the basis that had the sugilite — which he had bought in Hong Kong a month earlier for $350 (R2,475 at the time) — been restored to him, he would have cut, polished and sold it for this value on the open market in the US.
The trial, in respect of the merits of the damages case, proceeded in October 2018. On June 3 2019, before the conclusion of the trial on the merits, the criminal case against the Huxhams was withdrawn. The sugilite stones were also returned to the Huxhams’ attorney of record.
Andrew Huxham and Faye Huxham, who died in March 2019 and April 2021 respectively, have since been substituted in the case by Matthew Huxham, the executor of the estates of his father and sister.
When Matthew substituted his father in the action, the claim in respect of the seized sugilite was increased to R14.4m.
Matthew also withdrew his father’s and sister’s claims for damages of R500,000 each for malicious prosecution since they were deceased.
In an affidavit filed by Andrew Huxham on July 28 2018, and admitted by the court, he stated that he personally purchased 32kg sugilite semi-precious gemstones on August 17 2011 from Art’s King Co Ltd, a gem dealer in Hong Kong, for $350.
Huxham stated the price was reduced as Art’s King Co Ltd was superstitious that the gemstones were unlucky for its company.
Huxham said he and Faye went to Kuruman with “a selection of sugilite” with the intention of meeting a cutter based in Griekwastad in September 2011.
When questioned by the court on how a purchase of $350 could equate to a claim of R14.4m, he responded that he had heard that the people selling the sugilite wanted to get rid of it because they were superstitious.
— Judge Almé Stanton
Huxham said he and Faye were arrested by two armed and hostile police officers who did not inform them of the reason for the search they were conducting.
“Faye, who has a sensitive demeanour, began to cry. The police officers confiscated the chest, informing him that imported sugilite requires a permit and in the absence thereof, his possession is illegal. A police mechanic broke open the chest containing the sugilite without either his consent or a warrant,” said judge Almé Stanton in a judgment passed last week.
Huxham said Faye was taken for questioning three times and during the interviews they called her stupid. He observed her to become more and more shaken and disturbed after every interview.
Huxham said he was imprisoned with criminals and felt extremely threatened, unsafe and in danger of being attacked by them. He could not sleep.
He was given no receipt for the confiscated sugilite, despite his repeated requests.
Huxham and his daughter had to travel to Kuruman, an 11-hour drive, almost every month for more than a year. He said his business was adversely affected by the unlawful arrest and detention and the confiscation of the sugilite.
The high court also admitted as evidence, video footage where police evidence bags were opened in the offices of Huxham’s attorneys. Huxham said in the video the stones returned by police were not “even his stones” as he had marked and cut some with a saw.
The court found that the sugilite that was returned to Andrew Huxham’s attorney was not the sugilite that he had purchased in Hong Kong.
A gemologist who testified in the trial, Jeremy Rothon, testified he determined the value of sugilite based on the overseas market and by making use of six internet searches that gave him a reliable indication of prices, from the lowest quality to the best.
“When questioned by the court on how a purchase of $350 could equate to a claim of R14.4m, he responded that he had heard that the people selling the sugilite wanted to get rid of it because they were superstitious,” judge Stanton said.
Dismissing the claim for R14.4m, Stanton said Rothon’s evidence did not measure up to the required standards.
“He has no personal experience in the valuation of sugilite; he relied on internet searches and based his valuation on the overseas market without providing evidence that the valuations were provided to him by people of established repute or proved knowledge in the valuation of sugilite.
“With regard to the value of sugilite in South Africa, his evidence was that he used an online portal that ‘seemed to be pretty reliable’,” the judge said.
Stanton also said, despite testifying that he valued one of the samples provided by Huxham’s attorney at R2.4m, Rothon stated that it was “scrap really” and could be turned into “very, very low quality beads”.
Stanton said on the uncontroverted evidence, father and daughter were arrested and detained for one day in a hostile and humiliating manner and the father was not allowed to take his medication.
“I have no doubt that the experience had been traumatic and distressing. However, no evidence was presented that Mr [Andrew] Huxham’s trauma and emotional shock caused a psychological or psychiatric injury.
The court awarded R150,000 to the father and R550,000 to Faye.
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