Police ministry ordered to pay R150k to man arrested by Katlehong officers

A man who was arrested and held for several hours in circumstances that have been described as “unlawful and kidnapping” has been awarded R150,000 in damages by the Johannesburg high court after a successful appeal application.

Didi Bosawa turned to the high court to appeal a judgment and order by the magistrate's court dismissing his claim against the police minister with costs in 2020.

Bosawa had claimed damages for his unlawful arrest and detention for more than five hours by members of the Katlehong police station in 2017.

Judge Jabulani Dlamini, setting out the facts of the case, said Bosawa was meeting a friend in Johannesburg when he was pounced on by police officers, who arrested him and took him to the friend's house in Elsburg, Germiston.

“Bosawa says while detained at the house, two other police officers arrived. He says the two officers assaulted and handcuffed him. Bosawa testified he could identify the two officers, who were in full police uniform. He was adamant he could identify them as he saw their names on their badges.

“Bosawa says the two are constables Zulu and Mashabane. The officers gave him a cellphone to call his wife and request her to bring money. He says the two officers told him they were leaving and would come back at 4pm. They threatened him and told him if his wife did not bring the money they were going to kill him.”

He called his wife and told her he had been kidnapped and taken to Germiston. Bosawa asked his wife to alert the Germiston police about the situation, which she did, and he was rescued at around 5pm that same day.

Bosawa's version was corroborated by his wife while the police minister opted not to call witnesses and closed his case.

“This is even though on the record before us, it is evident constables Zulu and Mashabane are police officers stationed at Katlehong,” Dlamini said.

The court accepted Bosawa's version of events, given that it was “corroborated in all material respects by the evidence of the investigating officer” and the fact that the minister chose not to challenge it before closing his case.

Dlamini set aside the magistrate court's ruling, upholding that Bosawa's arrest, detention and assault were unlawful.

“The appellant suffered great indignity and was detained for more than five hours in circumstances that can be termed as an unlawful and illegal kidnapping aided and abetted by the respondents, who are tasked by law to protect citizens.

“In light of the above circumstances, the appellant’s period of detention, the conditions of his detention  and the relevant awards in related cases, it is my considered view that an award of R150,000 is just and equitable.”

The minister was also slapped with a costs order.

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