A wrongful arrest cost a woman her freedom and business opportunity.
A woman, who was allegedly wrongfully arrested is suing the police minister for more than R3 million.
Nomthandazo Cele, from Ivory Park in Tembisa, Ekurhuleni, alleged her unlawful arrest and detention at the Kgosi Mampuru Correctional Centre in Pretoria ruined her life.
She said she lost business opportunities because she was recorded on the police system as a person with a pending criminal case, despite the fact that the case was withdrawn.
A letter of demand Cele’s legal team sent to police minister is claiming damages of “R750 000 for psychological trauma as a result of the unlawful arrest, detention and malicious prosecution, past and future loss of earnings in the amount of R1 million with consequential benefits for Cele.
“There is also a demand for R500 000 as being detained allegedly affected her psychologically.”
Other respondents include the departments of justice, correctional services, the National Prosecuting Authority (NPA) and Gauteng police commissioner.
The claim also cited a demand for R1 million because of the psychological impact the arrest had on Cele’s mother and her sister.
It also said because of the authorities’ failure to remove Cele’s name from the system, she failed to buy or rent a truck that should have afforded her a business opportunity.
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Arrest and detention
Cele’s troubles started in 2020, when she was arrested after police raided her boyfriend’s rented room in Enkangala, Bronkhorspruit, and found an unlicensed firearm.
She said she spent about three months in prison, even though the owner of the gun handed himself over to the police.
“During the time I spent in prison, I suffered emotionally and physically. Nobody was willing to assist me,” she said.
“They kept on postponing my court date. At the time, I was a breadwinner at home and had a six-month old son who stayed with my mother.
“I was not even inside the room when the raid was conducted. I was waiting for a taxi outside. I didn’t even know there was a gun.”
She said she was released after one of the detectives spoke to a magistrate, and she got R5 000 bail.
The case was withdrawn without her going on trial.
“That is why I am angry and taking legal action,” she said.
Cele said she wanted the officers who made her suffer punished for their actions.
“Honestly, my case was a matter of being negligent,” she said.
In a previous interview with The Citizen, a department of justice official, who asked for anonymity, confirmed the system recorded Cele as having a pending criminal case.
He said the cancellation of the case should have started at the police station level.
“The error was committed by the police who failed to submit documents to the relevant offices so that the case could be cancelled.
“The victim should go to the station that effected the arrest to sort it out,” said the source.
South African Police Service (Saps) national police spokesperson Brigadier Athlenda Mathe has promised to respond, but had not done so by the time of publication.
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