Court orders eThekwini to pay Rím in damages in wrongful arrest case

THE eThekwini Municipality has paid out collective damages of R1 million in a case brought by three men who said they were unlawfully arrested by Metro police officers for carrying sealed bottles of beer.

- THAMI MAGUBANE [e-mail]

A judgment handed down by the Durban High Court earlier this year revealed that the men were initially suspected of drinking in public by the Metro police due to their possession of the sealed bottles.

The situation thereafter escalated and the men were arrested and spent time in jail, where they said they were subjected to severe mistreatment. One of the men, Philani Lukhele, was also shot in the leg during the incident.

The court awarded the men damages for past loss of earnings, unlawful arrest and detention and assault and contumelia.

Msizi Cele was awarded R231,000, Welcome Hlongwa received R240,200 while Lukhele's case was distinguished from the other due to the severe injury he sustained.

He was awarded R649,500.

The court judgment noted that all three victims testified in support of their claims, while the municipality closed its case without calling any witnesses.