Court finds against police on assault claim

KNYSNA NEWS - Judgement has been passed in the long-awaited court case against the Minister of Police by a man who claims he was "unlawfully arrested, detained and assaulted” by members of the Knysna SAPS on November 1, 2014.

On October 3, final arguments in the matter between Nkosinathi Yokwana and the Minister of Police were heard, but the case was postponed for judgement. The parties had previously agreed to separate the merits and the quantum aspects of the trial, and accordingly the judgement, given on February 27, was only on the issue of liability and not the amount.

Chief magistrate Isak van der Merwe found that the arresting officer had the necessary reasonable suspicion to arrest Yokwana and accordingly the arrest and detention were held to be lawful. However, the court found that Yokwana had indeed been assaulted by the arresting officer as his toe had been pinned in the closed door of the police van and, when brought to the attention of the SAPS, they did not release it.

The court made a further finding against the police, holding that they had unlawfully and without reason refused Yokwana’s repeated request for medical treatment that evening and he was only taken to hospital the next day after a night in the cells in pain.

Yokwana opened a civil suit against the Minister of Police for damages, claiming R200 000 after his alleged unlawful arrest and assault on November 1, 2013 – and there have been a series of court appearances since then.

The arresting officer at the time, Constable Thamsanqa Maqungu of the Knysna police, testified on July 18 that the reason for Yokwana's arrest had been to bring him before the court. He also explained that he made the arrest on the Friday and not on the following Monday, because the incident happened on the Friday.

Yokwana maintained that his toe was caught in the back of the police van while he was being taken to the police station, but Maqunqu said Yokwana was not limping on his arrival and there were no visible injuries, which is why they [the police] didn’t take him to hospital.

After viewing all the evidence presented to him and deliberating on the final arguments Van der Merwe dismissed the plaintiff's claim regarding unlawful arrest, but granted his claim of assault on the merits, as well as his claim of wrongful denial of medical treatment, also on the merits.

Yokwana was further awarded payment of his legal costs, including those of his advocate Alfred Schmidt.

Following the judgement, Yokwana said he was pleased with the outcome. “This has been a very interesting journey and I must say I lost all faith in the police; the court has restored my faith in the South African justice system. They are just and fair and listen to both parties unlike the police, who in my case were not interested to hear my side of the story because they wanted to protect their own.”

Yokwana said his attorneys Mosdell Pama & Cox are currently in settlement talks with the Minister of Police’s legal team to discuss how much money they will pay him for the assault and refusing medical treatment.

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