The High Court in Pretoria has dismissed a neurosurgeon’s claim for damages against the Minister of Police over his arrest during South Africa’s Covid-19 lockdown, ruling that police acted lawfully when they arrested him for allegedly breaching curfew regulations.
In a judgment delivered on Friday, October 16, Judge Millar ruled that Nigerian-born medical practitioner Dr Anderson Chinedu Anyikwa’s failure to produce a permit authorising him to be outside during curfew rendered his arrest lawful, even though he was later able to demonstrate that he had such a permit.
Anyikwa instituted legal proceedings against the Minister of Police following his arrest by two police officers in Sunnyside, Pretoria, on November 27, 2020.
The parties agreed that the question of liability would be determined separately from the amount of damages, meaning the trial focused on whether the arrest was lawful.
The court heard that police officers Constable Sekwapa and Sergeant Mukanganyisi were on patrol shortly after midnight when they spotted a Range Rover travelling slowly near Sunnyside Mall on Robert Sobukwe Street.
The officers testified that the vehicle’s movements aroused their suspicion. They activated their siren and flashing lights, prompting the driver to pull over in Trevenna Street, near the intersection with Steve Biko Road.
According to their evidence, the encounter took place after the nationwide Covid-19 curfew had started. At the time, people were prohibited from moving freely in public places between midnight and 4am unless they qualified for an exemption and had the required permit.
The officers said Anyikwa questioned whether they were genuine police officers and asked to call the police emergency number, 10111. After the control room contacted them about his call, the officers and Anyikwa proceeded to Sunnyside Police Station, where he was informed that he was under arrest for allegedly breaching the Covid-19 regulations.
Anyikwa disputed aspects of officers’ version
He testified that he had travelled from his home in Montana to Sunnyside to collect food he had ordered before heading to Dr George Mukhari Academic Hospital, where he was working as a senior registrar as part of his neurosurgery training.
He maintained that he had collected the food at about 11.30pm, before curfew began, and that he had cooperated with the officers. He also claimed that he became concerned about their identity and called 10111.
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Anyikwa told the court that he had been kept in police cells for about six hours before being interviewed by another officer the following morning.
He said he then produced his medical staff card and a permit authorising his movement during curfew. He was subsequently released with a warning to appear in court, and the charges against him were later dropped.
Evidence found not to support Anyikwa’s version
However, Judge Millar found that the evidence did not support Anyikwa’s version that the police had stopped him before curfew and kept him at the roadside for an extended period.
The judge said the officers’ evidence that the stop occurred after curfew had begun was consistent with the timing of the 10111 call. He also found it improbable that Anyikwa would have spent an extended period interacting with the officers without raising the issue of his permit.
The court further questioned why the permit was not included in the police docket if it had been produced at the station, particularly because a copy of his medical staff card was included.
Judge Millar held that, under section 40(1)(a) of the Criminal Procedure Act, a peace officer may arrest without a warrant a person who commits or attempts to commit an offence in the officer’s presence.
The judge found that the officers had encountered Anyikwa outside during curfew and that he had not shown them his permit at the scene. His subsequent ability to demonstrate that he possessed a permit, and the withdrawal of the charges, did not render the arrest unlawful in the circumstances.
“His failure to present that permit in circumstances where he was required to do so, rendered the arrest effected by Mr Sekwapa and Sergeant Mukanganyisi lawful,” the judgmnt states.
The court dismissed Anyikwa’s claim and ordered him to pay the Minister of Police’s legal costs on the party-and-party scale B.
- The Pretoria High Court dismissed Dr Anderson Chinedu Anyikwa's claim for damages against the Minister of Police over his arrest during South Africa's Covid-19 lockdown, ruling the arrest lawful due to his failure to produce a curfew permit at the time.
- Anyikwa was arrested by police officers on November 27, 2020, in Sunnyside, Pretoria, for allegedly breaching curfew regulations that prohibited movement between midnight and 4am without a permit.
- The court found police evidence credible, noting the stop occurred after curfew hours and that Anyikwa did not present his permit during the arrest despite being required to do so.
- Anyikwa was held in police cells for about six hours and produced his medical staff card and curfew permit only the following morning, after which charges were dropped.
- Judge Millar ruled that an arrest is lawful even if the accused later shows a valid permit, and Anyikwa was ordered to pay the Minister of Police’s legal costs.
