By Brig Dirk Lambrechts
Introduction
The plaintiff (Afrikaans: “eiser”) (whose particulars are not mentioned), instituted a civil claim for damages based on alleged unlawful arrest and detention against the Minister of Police, before the High Court in Mbombela in Mpumalanga.
The plaintiff was arrested by D/Const Eddie Ndlazi who was stationed at Matsulu Police Station near Mbombela.
On 14 August 2021, a police case docket was booked out to Const Ndlazi following a complaint by a male complainant (whose particulars are likewise not mentioned) wherein he laid a charge of “malicious damage to property”. The said docket contained, inter alia, a witness statement of the complainant’s neighbour which was marked A3.
In his statement, the neighbour stated that he saw the plaintiff going into the complainant’s premises at about 18:00. He thought that the complainant was in his house. After a few minutes, the complainant came to his house and made a report to him that his television has been damaged and there was a stone in the house. Thereafter, the neighbour told him that he saw his girlfriend minutes earlier going into his house.
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[This is only an extract of an article that is published in Servamus: November 2024. This article is available for purchase.]