The Johannesburg High Court ordered the police minister to pay a Mozambican man R270, 000 after he was unlawfully arrested, detained, and assaulted by officers in Soweto.
Delivering his ruling this week, Judge Stuart Wilson said police’s act to cuff Vigo Manuel Macamo’s hands behind his back and make him sit on the ground while he was kicked, punched, and slapped is a serious assault motivated by xenophobia.
Macamo brought a civil lawsuit against the police minister after he was pummelled by police officers in 2019.
The matter was heard in court from September 3 to 6. Judgment was handed down on Tuesday.
Overtook a police car while driving in Soweto at night
According to evidence presented in court, Macamo was driving on Mdlalose Street in Protea North, Soweto. This was just before midnight on October 18 2019.
Ahead of him was a marked public order police vehicle. It was driven by Sergeant Risonga Maluleke. Maluleke was returning with the detachment of around seven other officers from a local operation.
Macamo overtook Maluleke’s vehicle shortly before he reached a Joburg Metro Police (JMPD) roadblock.
He stopped at the roadblock, and his car and his driver’s licences were checked. Macamo was breathalysed, and then allowed to continue.
Around 30 metres after the roadblock, Macamo said he was stopped again by Maluleke’s team. He was hauled out of his vehicle, handcuffed, kicked, slapped, and punched.
“He said that some of the officers taunted him because he is from Mozambique. Macamo was told that he “was not in Maputo now”. Presumably being that he could not expect the kind of treatment he may have been used to there,” said Wilson in his judgment.
Wrongfully charged with drunk driving
Macamo said he was then taken to Protea Glen police station. There, Maluleke had him charged with driving under the influence of alcohol, reckless and negligent driving, and driving an unroadworthy vehicle. Macamo was released on police bail shortly before 9am the next morning. The charges against him were later withdrawn.
“I cannot say exactly what led to the arrest. It may have been because Mr Macamo had the temerity to overtake a police vehicle. Or perhaps it was simply because Mr Macamo is from Mozambique…
“In relation to the assault, I must balance the humiliation Mr Macamo experienced during the assault against the fact that no serious injury was inflicted. Still, to cuff a man and make him sit on the ground while he is kicked and punched is a serious assault.
Assault deemed xenophobic
“I am also satisfied with the evidence that the assault was at least partly xenophobic in character. To kick and punch someone under restraint while taunting them about their national origin is despicable. It also adds a dimension of humiliation that cannot but force the value of my award upwards.
“The plaintiff’s claims for general damages in respect of his unlawful arrest, unlawful assault and unlawful detention succeed. And the defendant (police minister) is directed to pay to the plaintiff the sum of R270, 000. Plus interest at the prescribed rate, which will run from 11 September 2020 to the date of payment,” said Wilson.
Wilson also ordered the police minister to pay Macamo’s legal fees.
After being released, Macamo went to see a doctor. According to the doctor who testified in court, Macamo had a bruise on the left side of his nose. He also had a bruise on his left shin, and marks and bruises on both wrists from the assault. The doctor also observed that Macamo was tender to the touch on his left lower ribcage. Also on the left side of the front of his lower abdomen.
Wilson said Maluleke and his colleague Sergeant Davidson Mutavhatisindi lied in court. They lied about Macamo being drunk on the night of the assault.
Judge questioned police testimony
“…Both testified that Mr Macamo overtook them at some speed before running a red light. They pursued Mr Macamo and stopped him just before the JMPD roadblock. And they say that they found three bottles of beer in Mr Macamo’s car, two of which were empty. They said that Mr Macamo was plainly drunk and uncooperative. And that he was detained for his own safety.
“I do not think that I can accept either Sergeant Maluleke’s or Sergeant Mutavhatisindi’s evidence. In the first place, neither officer mentioned the detail of the bottles of beer in Mr Macamo’s car. This in their contemporaneous statements… In my assessment, [both sergeants’] version that Mr Macamo had bottles of beer in his car was a falsehood. Made up after the fact,” said Wilson.
