Gospel producer sues SAPS for unlawful detention

Mabotja arrested on stage for alleged business robbery
Gospel producer Phuti “Drum” Mabotja is demanding R1-million from the South African Police Service following five days of hell after he was allegedly unlawfully
arrested and tortured in Polokwane.
Mabotja is widely known to have collaborated with the late Sifiso Ncwane, Psalmist Sefako and Skeem Saam actor and now singer Thabo Mkhabela.
In the letter of demand seen by Sunday World, Mabotja’s lawyers demand that the police pay R500 000 for unlawful detention; R200 000 for assault and R300 000 for discomfort and inconvenience, contumelia and loss of past and future earnings.
Mabotja was meant to perform at a Jean 2 Gin concert in Seshego, Polokwane, when four men captured him and took him to the Delmas, Mpumalanga, police station.
His lawyer, William Segatja, explained how his client had spent five days in jail without being officially charged.
“On February 15 at around 17h00, at Zone 3 Seshego, our client was arrested by members of the South African Police Service while he was on stage busy connecting
musical instruments before he could perform. More speciffically our client was arrested by Captain Motupi and four other unknown police officers without a warrant of arrest for an alleged fence of business robbery despite a lack of evidence,” reads the letter.
Segatja told Sunday World the decision to sue the SAPS for the alleged “unlawful” arrest and torture was based on the SAPS failing to follow their own procedures.
“They did not have evidence against him so there was no case in the first place. They instead tortured him into making admissions, which he did not make. He was placed in custody for over 48 hours without being charged for any particular oŒence,” said Segatja.
Speaking to Sunday World, Mabotja said he did not understand why he was arrested.
“I really don’t understand right now. I am still afraid that these people might come back for me,” he said, adding that the men who arrested him were not wearing police uniform at the time. He sustained injuries on his arm and wrists.
Mpumalanga provincial SAPS spokesman Brigadier Leonard Hlathi confirmed the arrest and said it was for an alleged business robbery case that was registered at Delmas, where sound equipment was robbed from a church.
“After an interview with him and a conversation between the police and state prosecutor, it was then decided that the suspect cannot be linked to the business robbery.
“The suspect was then arrested for theft under false pretenses as advised by the prosecutor,” Hlathi explained.
By Nokuthula Zwane
 

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