A damages claim of R2 million by a Mpumalanga man against the police for unlawful arrest and detention and “severe” assault resulted in the court only granting him compensation of R130,000.
This, after the Mbombela High Court found that Lwazi Mdluli exaggerated somewhat about the injuries he had suffered at the hands of the police.
Mdluli claimed R1 million from the police for his suffering in being locked up in a police cell for two days, as well as another R1 million for the assault he said he endured.
He told the court that in January 2023, near Newscom Trust in Mpumalanga, he was travelling in his car with his wife and daughter. He was stopped by the SAPS at Kabokweni Police Station on allegations that he had committed robbery and attempted murder.
Mdluli testified that the officers blocked his car, and when he got out, he was pushed to the ground. He said he was assaulted several times on the face with open hands by four police officers and was trampled upon with booted feet.
He said he was taken to the police vehicle, where he was instructed to touch a firearm in the vehicle. When he refused, the officers continued to assault him.
Mdluli described how, at one point, his hands were cuffed behind his back along with his feet. His face was covered with a plastic bag. When the bag was eventually removed, water was poured into one of his ears, and he was slapped several times with an open hand on the ear.
He claimed his nightmare ordeal did not end here, as he was taken to the police cells, where he was accused of breaking into the house of a police officer and stealing his firearm. He was taken to court, but he never appeared before a magistrate, as he was told he could go home.
Mdluli testified that it humiliated him to have been assaulted in the presence of his wife and 15-year-old daughter. The assault took place in public, and members of the community gathered and took pictures and videos of the incident. Those pictures were posted on Facebook, thus injuring his dignity.
On the conditions of the cells, he testified that, whilst in custody, he had to take a cold shower, and he did not have toiletries. The cells were filthy, and he was detained with five other inmates. They had no privacy in using the ablution facilities.
Although he was provided with two meals a day, they were not of the same standard that he was used to at home. Mdluli said he was used to having three meals per day.
The court commented that his evidence was riddled with exaggerations, and if regard is had to his injuries, it cannot be found that the assault was grievous to the extent testified to by Mdluli.
He was awarded R80,000 in damages for being detained for two days and R30,000 for the assault he had to endure.
