Court Orders Bheki Cele to Pay R275k to Wrongfully Arrested Man, SA Berates Minister: "Taxpayers Will Pay It"
- Bheki Cele has been ordered to pay punitive damages after police misfired by arresting a man on unfounded suspicions of wrongdoing
- The complainant was kept in the holdings cells at a police station in November 2019 before he was later released without being charged
- The presiding officer in the case ruled that the plaintiff suffered humiliation at the hands of the officers and ordered Cele to pay R275 000
- Praising the court's ruling, South Africans were vocal on social media and hurled a barrage of insults at Cele and his police force over the matter
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JOHANNESBURG - The Gauteng High Court in Johannesburg ruled that the Minister of Police Bheki Cele should pay R275 000 in damages after police jailed a man wrongfully and confiscated his vehicle.
The aggrieved complainant, Boccaccio Nhlapo, dragged Cele to court 18 months ago after he'd been arrested and held in police custody for two days in November 2019. News24 reported that Nhlapho was at his home when officers barged in looking for someone going by a different name.
Source: Getty Images
Despite producing his ID document, which showed he was not the suspect they were looking for, a back and forth ensued over his culpability, and he was placed in handcuffs and taken into custody.
"At that time, officers insisted the vehicle's chassis number [consisting of the last six digits of its Vehicle Identification Number (VIN)] had been interfered with and that they were going to confiscate the car.
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"The plaintiff stated that he did not want to disturb the officers as they carried out their duties but disputed the allegations that he had been tampering," read the court documents."
Nhlapo later contended that before he was charged, the arresting officers attempted to solicit a R10 000 bribe from him – demands he did not give into. He was then taken to and held at the Kagiso police station in Krugersdorp, only to be released later without appearing in court.
Violation of constitutional rights
The defendant's plight was unpacked in detail after the matter was brought before the court. The magistrate, Judge Susannah Cowen, found that multiple constitutional rights were violated as Nhlapho sat in a cell and through the unlawful search and seizure of his property.
Briefly News understands Nhlapho sought the court to rule in favour of a R250 000 and R300 000 settlement in punitive damages. Before making her judgement, Cowen highlighted the extent of the "harassment" Nhlapho suffered.
"The facts of this case call for an award in the ballpark contended for by the complainant, with my conclusion carrying that an amount of R275 000 in damages is awarded.
Cele, who has remained mum on the axing of national police commissioner Khehla Sitole, according to EWN, is required to pay this amount at an interest rate of 10 per cent from the date of demand to the date of payment.
Locals have their say
On social media, keen observers of the unfolding events rued the misfiring by Cele's officers. Locals mercilessly criticised South Africa's law enforcement and their miscarriage of justice, lamenting the knock-on effect this will have on "the taxpayer".
@Sibusiso Mthombheni wrote:
"The overzealous officers should be paying from the pockets, tax payers shouldn't be footing the bill for their incompetence."
@Brent Heynes said:
"So easy to pay it out because it doesn't affect his pocket. How about either he pays the money from his own pocket or we as tax payers foot the bill but he resigns?"
@Ngoako Moloi NK added:
"Good luck, Mr Nhlapo. Please enjoy your money wisely. I don't want to see [you] on an episode of I Blew It, okay?"
Cele insists Malema was in cahoots with Sitole to have him axed
Elsewhere, Briefly News previously reported that Cele spoke out against an alleged plan to have him removed from his position. He made the revelations during the first leg of the 2022 State of the Nation (SONA) debate at the Cape Town City Hall on Monday, 14 February.
Taking to the podium, Cele, who has been under the pump from ordinary citizens for some time, pointed an accusing finger at Economic Freedom Fighters (EFF) leader Julius Malema and Sitole for attempting to hatch a plot to see him vacate from his role.
Several opposition speakers, including Malema, found it glaring that Cele was still the Police Minister following the conclusions of the report into the July unrest and the picture it paints against him.
Source: Briefly News
