Police Minister Bheki Cele Ordered to Pay Gauteng Man R500 000 for Wrongful Arrest in 2017

• A Gauteng man who sued Minister of Police Bheki Cele for his wrongful arrest has won his case
• The man, who is a repeat offender, was arrested in 2017 on allegations of being involved in an armed robbery
• South Africans are outraged that the police make such mistakes because the money has to be paid by taxpayers

JOHANNESBURG - A Gauteng man has received justice after the courts granted R500 000 for his wrongful arrest by the South African Police Service in 2017.

In January 2017, Elpacino Victor Maphosa was apprehended on charges of armed robbery and was detained for 26 days before being granted bail of R2 000. In August that year, the police withdrew the case against Maphosa.

The Gauteng High Court ruled in favour of Maphosa after he sued the Minister of Police Bheki Cele and his department for his arrest and the deplorable conditions he was detained under, reports News24.

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Judge Maletsatsi Betty Mahalelo stated that Maphosa's arrest was unlawful because his warrant of arrest was improperly sought and obtained and because the burden of proof to establish that Maphosa's arresting officers used any discretion at all was not met by the police minister.

Mphosa said that he was on parole for possession of stolen property from 2010 at the time of his arrest. He entered a guilty plea and received a six-year prison term suspended with restrictions.

He was arrested again in 2012 for a separate matter and pleaded guilty. He was given a three-year sentence and was in prison from 2012 to 2015. Maphosa stated that when he was arrested in 2017, he thought the police had arrested him for the 2010 matter to which he had already pleaded guilty.

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Cele argued that Maphosa's arrest could not have been unlawful because the order for his arrest came from the courts.

The full judgement can be read on the South African Legal Information Insitute website.

Here's what South Africans have to say about the unlawful arrest:

@MarumoMashigo said:

"I feel pity for men and women wearing blue uniform in the dawn of democracy; police dignity and image has been damaged, and I want to ask them to work smart and not allow pressure from commanders and make unlawful arrest ,mzansi people, please respect your police officers."

@KonniHoffie said

"The Minister won't "cough up" a single cent. The taxpayers pay it."

@HoDeinCT said:

"This should happen much more often to Cele."

@CobusCoetzee2 said:

"Typical incompetence !!! @SAPoliceService"

@asboats said:

"Looking at the way police officers presents themselves, no sympathy to them. Their discipline, self pride etc. Walking into certain police stations and see how they speak to the public and how dirty the pkace are. No no."

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Court orders Bheki Cele to pay R275k to wrongfully arrested man, SA berates minister: "Taxpayers will pay it"

Briefly News previously reported that 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.

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.

Source: Briefly News