Police Minister Nathi Mthethwa
Police paid more than R209 million in claims – Mthethwa
11 June 2013 17:07
The police paid out more than R209 million in damages in civil claims in the past financial year, Police Minister Nathi Mthethwa has revealed.
Responding to a parliamentary question today, Mthethwa said this sum consisted of 4166 payments to civil litigants, and included compensation for violent abuse at the hands of the police.
“Some of the cases include wrongful arrests, rape, attempted rape, grievous bodily harm, corruption and assault,” he added in a statement.
The minister has repeatedly been criticised by the opposition for the high volume of lawsuits brought against the police.
Mthethwa said today a report outlining the causes and possible solutions to the problem had been handed to the SA Police Service (SAPS) national management forum.
“A concerted effort” was being made to encourage police officers to abide by the police code of conduct.
Mthethwa said this included improving the investigation of police accused of corruption, educating all recruits on the code, and stressing the importance of operating within the framework of the law.
Mthethwa conceded the volume of civil claims was “enormous” and harmed the police’s image.
“[The] increases in civil claims lodged as well as the resultant negative publicity do negatively affect the image of SAPS and this naturally is of concern.
“I have on various occasions reiterated that we will not tolerate police officers who abuse the law, whether from wrongful arrests or assault [of] any person,” he said.
“That is why we have now strengthened civilian oversight of the police through the Independent Police Investigative Directorate and the Civilian Secretariat for Police.”
- Sapa - www.citypress.co.za/news/police-paid-more-than-R209-million-in-claims-mthethwa
Also See -
http://mype.co.za/new/2013/06/saps-pays-over-r200m-in-civil-claims-the-rise-of-the-claimpreneur/
and
www.africacheck.org/reports/sa-police-face-r14-billion-in-civil-lawsuits-not-r7-billion-as-reported/
11 June 2013 17:07
The police paid out more than R209 million in damages in civil claims in the past financial year, Police Minister Nathi Mthethwa has revealed.
Responding to a parliamentary question today, Mthethwa said this sum consisted of 4166 payments to civil litigants, and included compensation for violent abuse at the hands of the police.
“Some of the cases include wrongful arrests, rape, attempted rape, grievous bodily harm, corruption and assault,” he added in a statement.
The minister has repeatedly been criticised by the opposition for the high volume of lawsuits brought against the police.
Mthethwa said today a report outlining the causes and possible solutions to the problem had been handed to the SA Police Service (SAPS) national management forum.
“A concerted effort” was being made to encourage police officers to abide by the police code of conduct.
Mthethwa said this included improving the investigation of police accused of corruption, educating all recruits on the code, and stressing the importance of operating within the framework of the law.
Mthethwa conceded the volume of civil claims was “enormous” and harmed the police’s image.
“[The] increases in civil claims lodged as well as the resultant negative publicity do negatively affect the image of SAPS and this naturally is of concern.
“I have on various occasions reiterated that we will not tolerate police officers who abuse the law, whether from wrongful arrests or assault [of] any person,” he said.
“That is why we have now strengthened civilian oversight of the police through the Independent Police Investigative Directorate and the Civilian Secretariat for Police.”
- Sapa - www.citypress.co.za/news/police-paid-more-than-R209-million-in-claims-mthethwa
Also See -
http://mype.co.za/new/2013/06/saps-pays-over-r200m-in-civil-claims-the-rise-of-the-claimpreneur/
and
www.africacheck.org/reports/sa-police-face-r14-billion-in-civil-lawsuits-not-r7-billion-as-reported/
Dianne Kohler Barnard. (Wikipedia)
2012-10-17 22:29 - Dianne Kohler Barnard. (Wikipedia) @news24.com
Johannesburg - Financial liabilities and lawsuits incurred by police have quadrupled in the past six years, the Democratic Alliance said on Wednesday.
"The... [SA Police Service annual] report shows the financial implications of the lack of discipline and professionalism in the police service," DA MP Dianne Kohler Barnard said in a statement.
The figure for contingent liabilities - a liability that police might have to pay depending on the outcome of a future event, such as a court case - quadrupled in the past six years from R5.3bn in 2006 to R20.5bn in 2011/2012.
"It now constitutes 32.8% of the SAPS annual budget. The bulk of this... [percentage] is made up of civil claims against the police amounting to R14.8bn," Kohler Barnard said.
Police Minister Nathi Mthethwa's spokesperson Zweli Mnisi said the police allocated a certain amount of money towards litigation and lawsuits each year, but not all of it was used.
"This is why the management has been able to redirect some of this under-utilised finance to other crime-fighting programmes," he said.
According to the DA, civil claims currently instituted against the police included for this financial year were R1.09bn in claims relating to shooting incidents, R182m for vehicle accidents, R8.2m for damage to state property, and R484m in legal expenses.
It also included R2.7m in claims related to damage to property, R841m relating to assaults, and R11.9bn for other claims relating to "police action".
"These increasing figures, once again, illustrate the effect the militarisation of the SAPS has had on the service. Police officers should not be assaulting or shooting innocent people," Kohler-Barnard said.
Randomly shooting
Mnisi said that if Kohler-Barnard had "substantial evidence" that police were "randomly shooting innocent people", she needed to produce it.
"Why would anyone make a sweeping and generalistic (sic) statement... [as] if the whole 200 000-plus members have shot innocent people?" he asked.
"It is unfair to the many hard-working cops who put their lives at risk to safeguard society."
Kohler-Barnard said she had asked Mthethwa a Parliamentary question in relation to the "demilitarisation" of the police, and would also write to him to find out his plan for demilitarisation as recommended by the National Development Plan.
"The Saps needs to return to its former pre-Cele glory, to a time before he and his cronies instilled a lack of professionalism and culture of police brutality into what should be a police service, and not an apartheid-era force," she said.
Mnisi said managerial practices at police stations were being improved, and the relationship between police and society was being "deepened".
"We have long emphasized that whatever you call police generals, doctors or angels, that is immaterial," he said.
"What becomes crucial is the philosophical orientation of the police officers - to make officers understand their conviction - which is to uphold and respect the Constitution."
- SAPA
Johannesburg - Financial liabilities and lawsuits incurred by police have quadrupled in the past six years, the Democratic Alliance said on Wednesday.
"The... [SA Police Service annual] report shows the financial implications of the lack of discipline and professionalism in the police service," DA MP Dianne Kohler Barnard said in a statement.
The figure for contingent liabilities - a liability that police might have to pay depending on the outcome of a future event, such as a court case - quadrupled in the past six years from R5.3bn in 2006 to R20.5bn in 2011/2012.
"It now constitutes 32.8% of the SAPS annual budget. The bulk of this... [percentage] is made up of civil claims against the police amounting to R14.8bn," Kohler Barnard said.
Police Minister Nathi Mthethwa's spokesperson Zweli Mnisi said the police allocated a certain amount of money towards litigation and lawsuits each year, but not all of it was used.
"This is why the management has been able to redirect some of this under-utilised finance to other crime-fighting programmes," he said.
According to the DA, civil claims currently instituted against the police included for this financial year were R1.09bn in claims relating to shooting incidents, R182m for vehicle accidents, R8.2m for damage to state property, and R484m in legal expenses.
It also included R2.7m in claims related to damage to property, R841m relating to assaults, and R11.9bn for other claims relating to "police action".
"These increasing figures, once again, illustrate the effect the militarisation of the SAPS has had on the service. Police officers should not be assaulting or shooting innocent people," Kohler-Barnard said.
Randomly shooting
Mnisi said that if Kohler-Barnard had "substantial evidence" that police were "randomly shooting innocent people", she needed to produce it.
"Why would anyone make a sweeping and generalistic (sic) statement... [as] if the whole 200 000-plus members have shot innocent people?" he asked.
"It is unfair to the many hard-working cops who put their lives at risk to safeguard society."
Kohler-Barnard said she had asked Mthethwa a Parliamentary question in relation to the "demilitarisation" of the police, and would also write to him to find out his plan for demilitarisation as recommended by the National Development Plan.
"The Saps needs to return to its former pre-Cele glory, to a time before he and his cronies instilled a lack of professionalism and culture of police brutality into what should be a police service, and not an apartheid-era force," she said.
Mnisi said managerial practices at police stations were being improved, and the relationship between police and society was being "deepened".
"We have long emphasized that whatever you call police generals, doctors or angels, that is immaterial," he said.
"What becomes crucial is the philosophical orientation of the police officers - to make officers understand their conviction - which is to uphold and respect the Constitution."
- SAPA
DA: Statement by Dianne Kohler-Barnard, Democratic Alliance shadow minister of police, on a report on Police Legal Services (21/06/2009)
A year ago, when the DA became aware of the existence of a damning 400-page R8-m report into the Police Legal Services, we put questions to the Minister about the matter. To our knowledge this report had at that stage been kept under wraps by the-then Minister Charles Ncqakula for over a year.
The new Minister, Nathi Mthethwa, it was claimed in answers to our detailed questions in relation to this document, was on the 21st November last year, still "studying the report". Seven months later and it seems he's still studying it, as no response to our questions has been received.
The report, compiled by legal firm Edward Nathan Sonnenbergs, was the culmination of an investigation into the dysfunctional police litigation structures, which at that stage had a backlog of civil claims of nearly 19 000. Claims took at that stage nearly three years for the SAPS to settle. In the report the much-absent divisional commissioner Lindiwe Mtimkulu, head of legal services, was referred to as ‘autocratic' and unable to make legal decisions as well as suffering from "a fundamental misunderstanding of the law and legal processes".
Once again it seems the ANC has hidden away a report, paid for by taxpayers' money that reveals uncomfortable truths. The reality is that time and again civilians are illegally arrested, mistakenly shot, run over or driven into, for example, and that the SAPS legal services head had absolutely no intention of ever admitting liability, and would rather go on appeal time and again when her department lost cases, rather than paying out the civilian. The costs to individuals who were absolutely due compensation thus spiraled enormously, threatening bankruptcy to the civilian, but finally ending in massive legal bills to be paid by the SAPS. It is under Lindiwe Mtimkulu's leadership that the SAPS ran up legal bills of R46-m in 2006/7 - twice the amount paid out in settlements for that year.
This department head should have been removed from that position by the former Minister, the Minister who now sits at the President's right hand, and the current Minister knows this is the case. Are we to watch once again as a top cop has their contract renewed and renewed again and again as they damage the reputation of the SAPS? The DA fears that the answer to that question is, "probably".
We will be asking Minister Mthethwa how it is that someone who suffers from "a fundamental misunderstanding of the law and legal processes" came to hold this position in the SAPS, and why, when it became obvious that under her leadership legal services costs were soaring, nothing was done about the matter. It is impossible for the DA to imagine the justification this woman gave for fighting cases time after time where the SAPS members were very obviously guilty of in some way damaging civilians. See Source
A year ago, when the DA became aware of the existence of a damning 400-page R8-m report into the Police Legal Services, we put questions to the Minister about the matter. To our knowledge this report had at that stage been kept under wraps by the-then Minister Charles Ncqakula for over a year.
The new Minister, Nathi Mthethwa, it was claimed in answers to our detailed questions in relation to this document, was on the 21st November last year, still "studying the report". Seven months later and it seems he's still studying it, as no response to our questions has been received.
The report, compiled by legal firm Edward Nathan Sonnenbergs, was the culmination of an investigation into the dysfunctional police litigation structures, which at that stage had a backlog of civil claims of nearly 19 000. Claims took at that stage nearly three years for the SAPS to settle. In the report the much-absent divisional commissioner Lindiwe Mtimkulu, head of legal services, was referred to as ‘autocratic' and unable to make legal decisions as well as suffering from "a fundamental misunderstanding of the law and legal processes".
Once again it seems the ANC has hidden away a report, paid for by taxpayers' money that reveals uncomfortable truths. The reality is that time and again civilians are illegally arrested, mistakenly shot, run over or driven into, for example, and that the SAPS legal services head had absolutely no intention of ever admitting liability, and would rather go on appeal time and again when her department lost cases, rather than paying out the civilian. The costs to individuals who were absolutely due compensation thus spiraled enormously, threatening bankruptcy to the civilian, but finally ending in massive legal bills to be paid by the SAPS. It is under Lindiwe Mtimkulu's leadership that the SAPS ran up legal bills of R46-m in 2006/7 - twice the amount paid out in settlements for that year.
This department head should have been removed from that position by the former Minister, the Minister who now sits at the President's right hand, and the current Minister knows this is the case. Are we to watch once again as a top cop has their contract renewed and renewed again and again as they damage the reputation of the SAPS? The DA fears that the answer to that question is, "probably".
We will be asking Minister Mthethwa how it is that someone who suffers from "a fundamental misunderstanding of the law and legal processes" came to hold this position in the SAPS, and why, when it became obvious that under her leadership legal services costs were soaring, nothing was done about the matter. It is impossible for the DA to imagine the justification this woman gave for fighting cases time after time where the SAPS members were very obviously guilty of in some way damaging civilians. See Source
Transport Minister responds to Parliamentary Question | Aug 08
Transport Minister confirms that the JMPD is acting illegally by Howard Dembovsky | Tags: corruption, Crime, JMPD, legislation, Metro Police, news, roadblocks
JOHANNESBURG – The Minister of Transport has responded to a Parliamentary question brought by the Freedom Front Plus wherein it was asked whether the AARTO infringement notices were being served lawfully as is required by Section 30 of the AARTO Act, or not. It was further asked whether or not the Minister of Transport had sought legal opinion on the legal implications of serving infringement notices contrary to the Act.
This question was asked in writing and for written reply of former Minister of Transport, Sibusiso Ndebele on Friday 9 March, 2012 and written response thereto was received on 6 August 2012. By the context of the reply, it is clear that the response was authored by Sibusiso Ndebele, although it was presented by the new Minister, Mr Ben Martins.
In his reply, the Minister of Transport stated that:
It is a commonly known fact that the JMPD forces people to pay these unlawful fines on a daily basis in their roadblocks and in doing so engages in the crime of racketeering as they use extortion by means of the threats of arrest to extort these monies from motorists.
The complaint laid with the Public Protector by Justice Project South Africa (JPSA) in June 2011 is yet to be finalised by the Public Protector and we have been informed that this will happen “soon”. This complaint was lodged after multiple engagements with the JMPD, RTMC and RTIA failed to achieve any tangible results.
Transport Minister confirms that the JMPD is acting illegally by Howard Dembovsky | Tags: corruption, Crime, JMPD, legislation, Metro Police, news, roadblocks
JOHANNESBURG – The Minister of Transport has responded to a Parliamentary question brought by the Freedom Front Plus wherein it was asked whether the AARTO infringement notices were being served lawfully as is required by Section 30 of the AARTO Act, or not. It was further asked whether or not the Minister of Transport had sought legal opinion on the legal implications of serving infringement notices contrary to the Act.
This question was asked in writing and for written reply of former Minister of Transport, Sibusiso Ndebele on Friday 9 March, 2012 and written response thereto was received on 6 August 2012. By the context of the reply, it is clear that the response was authored by Sibusiso Ndebele, although it was presented by the new Minister, Mr Ben Martins.
In his reply, the Minister of Transport stated that:
- The Department of Transport was aware of the fact that the JMPD have been sending out infringement notices by ordinary mail. The exact statement made was “In order to limit postage costs, Johannesburg authorities issued the first notice by ordinary mail by means of an AARTO 03 form. This was to be followed up by a notice by registered mail.”
The claim that “This was to be followed up by a notice by registered mail” never materialised. No such follow-up notices have ever been sent by the JMPD and this is not in the least bit difficult to prove given that the “RA Numbers” applicable to the relevant infringement notices are blank on the JMPD’s TMT Services system.
It is nonsensical to state that sending out a preliminary (first) notice by ordinary mail and then following it up with a registered mail item would “limit postage costs”. If anything, this would increase postage costs. This lame argument was originally used early on in 2010 by those in the JMPD trying to justify their actions, but it has evolved over time. - The reply goes on to say “However, regulation 3(1) determines that the infringement notice must be served by registered mail within 40 days from the date of infringement…” but then somewhere along the line, the train of thought seems to have evaporated.
The JMPD has been sending AARTO 03 infringement notices by ordinary mail since 1 June 2010 and since then, almost 20 multiples of 40 days have elapsed without a single infringement notice running on the TMT Services system ever being served in terms of the prescripts of the Act.
The re-issue and service of these notices by registered mail at any juncture post 40 days from the date of the alleged infringement would be similarly unlawful. - The reply further goes on to state “However, Johannesburg has recently secured funds for the posting of infringement notices by registered mail and it is believed that Johannesburg will use the eNaTIS and serve infringement notices by registered mail as from April 2012”.
It is this statement which demonstrates that the response was authored at some time prior to April 2012, when Ndebele was still Minister of Transport. It is now August 2012, and to date the JMPD continues to send out AARTO 03 infringement notices by ordinary mail. It is true that infringement notices captured by MVS Phumelelo (Pty) Ltd and Syntell (Pty) Ltd are being captured on the eNaTIS system, however those captured by TMT Services (Pty) Ltd on their own system continue to be sent by ordinary mail.
Infringement notices registered on the eNaTIS system start with 02-4049, 02-4099 or 02-4052. These are typically sent by registered mail as is required by the Act and the penalty (fine) amount for a juristic entity will be identical to that which an ordinary person would incur. There will additionally be no banking details on the reverse of the infringement notice and the alleged infringer will have to pay the RTIA by means of visiting the Post Office or Bank.
Infringement notices recorded on the TMT Services (Pty) Ltd system on the other hand start with 02-4024, will arrive by ordinary mail and the penalty amount for juristic persons will be triple that applicable to natural persons. These notices bear the banking details of the JMPD itself and the RTIA will not see a cent of the monies paid into it – ever. - In response to whether the Department of Transport had sought legal advice on the service issue, the Minister responded: “…legal opinion on the implications of serving traffic offence notices in a format other than the one prescribed by the Act was not obtained, as Section 30(1) and Regulation 3(1) of the AARTO Act are clear that an infringement notice must be served either in person or by registered mail.” It further went onto say: “The Registrar of the Road Traffic Infringement Agency (RTIA) and I are of the opinion that the legislation is clear and that a legal opinion is not required to clarify exact legislation.”
It is a commonly known fact that the JMPD forces people to pay these unlawful fines on a daily basis in their roadblocks and in doing so engages in the crime of racketeering as they use extortion by means of the threats of arrest to extort these monies from motorists.
The complaint laid with the Public Protector by Justice Project South Africa (JPSA) in June 2011 is yet to be finalised by the Public Protector and we have been informed that this will happen “soon”. This complaint was lodged after multiple engagements with the JMPD, RTMC and RTIA failed to achieve any tangible results.
Cops may cough up for their unlawful arrests.
Charl du Plessis,
City Press
2012-07-08 21:51
Johannesburg - The Supreme Court of Appeal (SCA) will decide next month whether individual police officers should be forced to cough up for the legal costs caused by their unlawful arrests.
The case is being taken to the SCA after the North Gauteng High Court ruled in late 2010 that the individual officers involved in an unlawful arrest would be liable for the resulting legal costs caused by an unlawful arrest.
The minister of police is usually held vicariously liable for unlawful actions of the police resulting in damages claims.
In a harshly worded judgment, acting Judge Roelof du Plessis said it did not appear that large damages claims against the minister of police “constitute a deterrent of any nature whatsoever in respect of unlawful behavior on the part of the security forces”.
He said further: “In fact, the only party being prejudiced as a result of damages claims based on unlawful arrest and detention is the taxpayer.”
The judge said it was important that law enforcement officials “who act with impunity and who think they can do as they please, simply because they have the force of the whole law-enforcing system behind them, should be brought to book and restrained”.
“The whole wrath of the legal system, the rule of law, the courts and the public should be brought upon such officials.”
The ruling followed an urgent application by Pretoria resident Jack Coetzee’s lawyers to Du Plessis on a Sunday night.
Coetzee had been arrested by metro police officer Frans Sivayi for allegedly reckless and negligent driving, failing to comply with an instruction from a traffic officer, crimen injuria and driving an unlicensed motor vehicle.
Du Plessis found that the police’s refusal to grant Coetzee police bail meant he was being unlawfully detained at the Pretoria West Police Station and ordered his immediate release.
Roelof said a person would normally be fined for the offences involved, or, if arrested, the police would be entitled to grant bail. The police claimed that Coetzee did not ask for bail but Du Plessis found that this was “far-fetched”.
Riaan Meyer, Coetzee’s attorney, said the costs already exceeded R100 000, but that the SCA appeal would put the bill well above R200 000.
Courtesy NEWS24
http://www.news24.com/SouthAfrica/News/Cops-may-cough-up-for-their-unlawful-arrests-20120708
City Press
2012-07-08 21:51
Johannesburg - The Supreme Court of Appeal (SCA) will decide next month whether individual police officers should be forced to cough up for the legal costs caused by their unlawful arrests.
The case is being taken to the SCA after the North Gauteng High Court ruled in late 2010 that the individual officers involved in an unlawful arrest would be liable for the resulting legal costs caused by an unlawful arrest.
The minister of police is usually held vicariously liable for unlawful actions of the police resulting in damages claims.
In a harshly worded judgment, acting Judge Roelof du Plessis said it did not appear that large damages claims against the minister of police “constitute a deterrent of any nature whatsoever in respect of unlawful behavior on the part of the security forces”.
He said further: “In fact, the only party being prejudiced as a result of damages claims based on unlawful arrest and detention is the taxpayer.”
The judge said it was important that law enforcement officials “who act with impunity and who think they can do as they please, simply because they have the force of the whole law-enforcing system behind them, should be brought to book and restrained”.
“The whole wrath of the legal system, the rule of law, the courts and the public should be brought upon such officials.”
The ruling followed an urgent application by Pretoria resident Jack Coetzee’s lawyers to Du Plessis on a Sunday night.
Coetzee had been arrested by metro police officer Frans Sivayi for allegedly reckless and negligent driving, failing to comply with an instruction from a traffic officer, crimen injuria and driving an unlicensed motor vehicle.
Du Plessis found that the police’s refusal to grant Coetzee police bail meant he was being unlawfully detained at the Pretoria West Police Station and ordered his immediate release.
Roelof said a person would normally be fined for the offences involved, or, if arrested, the police would be entitled to grant bail. The police claimed that Coetzee did not ask for bail but Du Plessis found that this was “far-fetched”.
Riaan Meyer, Coetzee’s attorney, said the costs already exceeded R100 000, but that the SCA appeal would put the bill well above R200 000.
Courtesy NEWS24
http://www.news24.com/SouthAfrica/News/Cops-may-cough-up-for-their-unlawful-arrests-20120708
Sheriff attempts to remove SAPS Assets
.
As and when the Minister of Police or any state departments do not pay the damages awarded to you by the court, you will be required to follow due process to enforce payment.
In the case 22262/02 Greenberg v Gouws & Minister of Safety and Security the Sheriff went to the SAPS Provincial Head Quarters at 16 Empire Rd, Partktown on the 17 December 2010 to remove assets of the SAPS to satisfy the judgment costs and legal fees.
Despite the Sheriff being lawfully permitted to remove assets that were attached on the 26th November 2010, Brigadier Meyer and Brigadier Van Tonder informed the Sheriff that it was their intention to launch an urgent application to interdict the Sheriff from proceeding with his removal.
Thereafter Minister of Police then launched an urgent application in the South Gauteng High Court on the
24 December 2010 to stay the removal of their assets.
_____________________________________________________________________________________________
.
As and when the Minister of Police or any state departments do not pay the damages awarded to you by the court, you will be required to follow due process to enforce payment.
In the case 22262/02 Greenberg v Gouws & Minister of Safety and Security the Sheriff went to the SAPS Provincial Head Quarters at 16 Empire Rd, Partktown on the 17 December 2010 to remove assets of the SAPS to satisfy the judgment costs and legal fees.
Despite the Sheriff being lawfully permitted to remove assets that were attached on the 26th November 2010, Brigadier Meyer and Brigadier Van Tonder informed the Sheriff that it was their intention to launch an urgent application to interdict the Sheriff from proceeding with his removal.
Thereafter Minister of Police then launched an urgent application in the South Gauteng High Court on the
24 December 2010 to stay the removal of their assets.
_____________________________________________________________________________________________
Police bid to close door on debt collection Published in: Legalbrief Today
Date: Thu 20 January 2011
Category: Litigation
Issue No: 2720
The Minister of Police has filed an urgent application in the South Gauteng High Court to prevent the Sheriff from removing 128 pieces of furniture from the police's Gauteng head office to pay off debts.
According to a Beeld report, Lionel Greenberg (52) obtained an order in January 2009 against the Minister to pay him R75 000 for his unlawful arrest. The damages order was confirmed on appeal by a full Bench. After the police failed to comply with the order, Greenberg obtained an attachment order for a television, 20 desks, 20 computers, a fridge, a microwave oven and 10 wall units. Brigadier Johannes Meyer, head of litigation of the Gauteng police, says in the application that the execution of police assets is not in the interest of justice and that the previous order was 'fatally flawed'. The application will be heard on 1 February. Full report Beeld below
1 February 2011.
Court granted the Minister of Police their order that the writ is set aside, however acting Judge Jacobs told the Ministers legal representatives to tell the Minster to pay . This has still not been done. Further the court directed the Plaintiff to follow the Nyathi judgement procedure precisely and one completing the necessary steps, a fresh writ be obtained and the Sheriff should attach the Ministers assets again.
17 February 2011
A fresh writ has since been issued by the Registrar of the South Gauteng High Court on the 17 February 2011 and the Ministers assets have been attached for a second occasion.
Date: Thu 20 January 2011
Category: Litigation
Issue No: 2720
The Minister of Police has filed an urgent application in the South Gauteng High Court to prevent the Sheriff from removing 128 pieces of furniture from the police's Gauteng head office to pay off debts.
According to a Beeld report, Lionel Greenberg (52) obtained an order in January 2009 against the Minister to pay him R75 000 for his unlawful arrest. The damages order was confirmed on appeal by a full Bench. After the police failed to comply with the order, Greenberg obtained an attachment order for a television, 20 desks, 20 computers, a fridge, a microwave oven and 10 wall units. Brigadier Johannes Meyer, head of litigation of the Gauteng police, says in the application that the execution of police assets is not in the interest of justice and that the previous order was 'fatally flawed'. The application will be heard on 1 February. Full report Beeld below
1 February 2011.
Court granted the Minister of Police their order that the writ is set aside, however acting Judge Jacobs told the Ministers legal representatives to tell the Minster to pay . This has still not been done. Further the court directed the Plaintiff to follow the Nyathi judgement procedure precisely and one completing the necessary steps, a fresh writ be obtained and the Sheriff should attach the Ministers assets again.
17 February 2011
A fresh writ has since been issued by the Registrar of the South Gauteng High Court on the 17 February 2011 and the Ministers assets have been attached for a second occasion.
Photo of Sheriff waiting to remove SAPS assets.
BEELD
Minister keer dat balju polisie se goed vat
2011-01-19 22:21
Philip de Bruin
Die minister van polisie het ’n dringende aansoek by die hooggeregshof in Johannesburg ingedien om te keer dat 128 stukke meubels en ander toerusting deur die balju van die hof uit die Gautengse hoofkantoor van die polisie verwyder word. Dit het gebeur nadat mnr. Lionel Greenberg (52) van Johannesburg in Januarie 2009 ’n bevel teen die minister gekry het waarin die polisie beveel is om skadevergoeding van R75 000 aan Greenberg te betaal weens onregmatige aanhouding. Die polisie is ook beveel om Greenberg se regskoste te betaal. Die bevel is verlede jaar op appèl van die minister deur ’n volbank van drie regters bekragtig.
Greenberg se inhegtenisneming en aanhouding het verband gehou met ’n klag van sy vrou ingevolge die Wet op Huishoudelike Geweld.
In die appèluitspraak het een van die drie regters, me. M. Victor, in ’n minderheidsuitspraak skerp kritiek op die ondersoekbeampte, insp. M. Gouws van die Edenvale-polisie, uitgespreek. Sy het onder meer bevind dat Gouws nie in “goeie trou” opgetree het nie en dat sy nie die reg gehad het om Greenberg se grondwetlike regte aan te tas weens “irritasie, ongeduld en om ’n lid van die publiek ’n les te leer nie”. Ná die appèluitspraak het Greenberg ’n hofbevel gekry om beslag te lê op onder meer ’n TV, 20 lessenaars, 20 rekenaars, ’n yskas, ’n mikrogolfoond en tien muureenhede in die kantore van die Gautengse hoofkantoor van die polisie. Hy het aangevoer sy skadevergoeding en regskoste is nie betaal nie. Brig. Johannes Meyer, hoof van litigasie in die regsafdeling van die Gautengse polisie, het namens die minister in ’n dringende aansoek teen die beslaglegging op die meubels gesê die beslagleggings is nie in belang van die regspleging nie, dat die beslagleggingsbevel “prematuur” is en dat daar verskeie gebreke in die bevel is wat dit “fataal gebrekkig” maak.
Couple get R80 000 each for unlawful arrest 4 November 2010 | ILSE DE LANGE
JOHANNESBURG - A Special investigator of the National Prosecuting Authority (NPA) and his girlfriend were awarded R160 000 in damages against police after they were arrested and detained overnight for no apparent reason.
Judge Ephraim Makgoba ordered the Minister of Police to pay R80 000 each to NPA investigator Wilfred Leso and his girlfriend, Thando Mthembu, for their unlawful arrest and detention in December 2008. The couple initially claimed R110 000 damages each after their harrowing experience at the hands of the police, who arrested them in front of a block of flats in Sunnyside after apparently taking offence when Leso asked why police wanted to search them and told them he worked for the Directorate of Special Operations. Leso said in court papers he and Mthembu were standing in the street outside a block of flats talking to people when they were ordered to stand still and raise their hands. When he asked why police wanted to search him and his car and introduced himself, he and his girlfriend were dragged to the police van, insulted and assaulted.
He was also kicked and a policeman sprayed pepper spray into his eyes, continuing to do so even after the police van was being locked. The couple was detained overnight at the Sunnyside police station on charges of crimen injuria, assault and interfering with police duties, but were released the next day without any charges being brought against them. Leso said they were never warned of their rights. and he was not allowed to phone his sister to ensure that his three minor children were safe. Police said the arrest and detention was lawful because Leso had assaulted and insulted a constable and his girlfriend had tried to interfere when they arrested Leso. Leso said the arrest was an act of retribution because police had taken offence when he told them who he was. He said the policemen had detained them to humiliate and degrade them in an act of revenge and abuse of power.
Courtesy - CITIZEN NEWSPAPER -
http://www.citizen.co.za/citizen/content/en/citizen/local-news?oid=149247&sn=Detail&pid=800&Couple-get-R80-000-each-for-unlawful-arrest-
‘Rugby’ dad awarded R35 000 Rademeyer claimed damages for his unlawful arrest and deprivation of freedom, his legal costs, malicious prosecution and the damage to his good name and reputation.
25 November 2010 | ILSE DE LANGE
A Pretoria father, whose night out after a Currie Cup rugby game ended with him being locked up in a police cell with the man who allegedly stole his son’s cellphone, has been awarded R35 000 damages. In terms of a settlement in the North Gauteng High Court, the Police Minister agreed to pay the amount to Thys Rademeyer, 53, of Arcadia, Pretoria, and to pay for his legal costs. Rademeyer initially instituted a damages claim of over R360 000 against the police after being arrested outside the Loftus stadium in Pretoria in July 2006 and spending several hours in a cell at the Sunnyside police station with a suspected cellphone thief.
He was released on R1 000 bail the next day and charged with assaulting a policeman and interfering in police duties, but all charges were later withdrawn against him. Rademeyer claimed damages for his unlawful arrest and deprivation of freedom, his legal costs, malicious prosecution and the damage to his good name and reputation. In court papers, police admitted that Rademeyer was arrested, but said this was necessary because he had assaulted a police constable. Rademeyer said he and a group of friends, including his son Thys Jnr, had visited the Sin Bin restaurant after watching the Currie Cup game between Western Province and the Blue Bulls at Loftus that day. They were on their way to their cars when his son’s cellphone was stolen. His son and some of his friends gave chase.
Rademeyer was not aware that the police had, in the meantime, chased the suspected thief and recovered his son’s cellphone. When his son returned, pointed to a police van and told him “they” had recovered his cellphone, Rademeyer went to talk to the police to find out what was going on when a policeman suddenly jumped out of the van and ran at him. According to Rademeyer, he pushed the policeman out of the way, causing him to fall, in a reflex reaction because he had not expected anything like that to happen. However, Constable Lucky Maluleka, said in a statement that Rademeyer had been aggressive. He had grabbed him by his uniform, pushed him and slapped him. He said he had to call for back-up to arrest Rademeyer. Courtesy - CITIZEN NEWSPAPER
http://www.citizen.co.za/citizen/content/en/citizen/local-news?oid=153394&sn=Detail&pid=800&%E2%80%98Rugby%E2%80%99-dad-awarded-R35-000-
2012-04-09 Philip de Bruin - Beeld senior legal editor, writes:
Description Greek-SA businessman Cacouris Amiras, 55, gets R150,000 damages from SAPS for trumped up false arrest under pretence of a 'vehicle theft'- and horrid police-jail treatment: arrested over genuine mix-up in registration of a vehicle...
Johannesburg – ’n Gesiene sakekonsultant van Johannesburg het sy eis weens kwaadwillige en onregmatige inhegtenisneming en vervolging in die Johannesburgse hooggeregshof gewen. Cacouris Amiras (55) het in 2007 ’n sleepwaentjie aan ’n kennis, ene Fryer, verkoop. Fryer het die waentjie egter nooit op sy naam laat registreer nie.Een van Fryer se voertuigbestuurders is in September 2008, terwyl hy die waentjie gesleep het, deur die polisie voorgekeer. ’n Ondersoek het aan die lig gebring dat die waentjie nie in sy werkgewer se naam geregistreer is nie en hy is na Sandton se polisiekantoor gebring omdat die polisie geglo het die waentjie is gesteel. Fryer is ontbied en op sy beurt het hy Amiras gevra om na die polisiekantoor te kom om die polisie in te lig dat die waentjie nie gesteel is nie.
By die polisiekantoor het konst. C.A. Lemmetjies, die ondersoekbeampte, Amiras meegedeel dat die waentjie volgens die polisie gesteel is en dat hy (Amiras) in hegtenis geneem gaan word op aanklag van motordiefstal.
Ondanks verskeie pogings om borgtog te kry is Amiras eers 36 uur later hof toe gebring en op borgtog vrygelaat. Die klagte teen hom is later laat vaar. Amiras het voor waarnemende regter J. Mphahlele in die hooggeregshof getuig dat hy verneder is deur die inhegtenisneming, aanhouding en vervolging, onder meer omdat van sy sakevriende daarvan uitgevind het. Hy is 36 uur in haglike toestande aangehou, ondanks die feit dat Lemmetjies al die dokumente in sy besit gehad het om te kon bepaal dat Amiras nié die waentjie gesteel het nie, maar dit aan Fryer verkoop het. Mphahlele het bevind dat Lemmetjies se gedrag “kwaadwillig” was en dat daar geen regverdiging bestaan het om Amiras in hegtenis te neem, aan te hou of te vervolg nie.“Ek vind dit onaanvaarbaar,” het hy gesê.
Regter Mphahlele het beveel dat Lemmetjies en die minister van polisie R150,000 skadevergoeding plus rente van 15,5% terugwerkend van Mei 2009 aan Amiras moet betaal. Hulle moet ook al Amiras se regskoste betaal.
http://afrikaans.news24.com/Suid-Afrika/Nuus/Sakeman-wen-eis-teen-konstabel-minister-20120409
Minister keer dat balju polisie se goed vat
2011-01-19 22:21
Philip de Bruin
Die minister van polisie het ’n dringende aansoek by die hooggeregshof in Johannesburg ingedien om te keer dat 128 stukke meubels en ander toerusting deur die balju van die hof uit die Gautengse hoofkantoor van die polisie verwyder word. Dit het gebeur nadat mnr. Lionel Greenberg (52) van Johannesburg in Januarie 2009 ’n bevel teen die minister gekry het waarin die polisie beveel is om skadevergoeding van R75 000 aan Greenberg te betaal weens onregmatige aanhouding. Die polisie is ook beveel om Greenberg se regskoste te betaal. Die bevel is verlede jaar op appèl van die minister deur ’n volbank van drie regters bekragtig.
Greenberg se inhegtenisneming en aanhouding het verband gehou met ’n klag van sy vrou ingevolge die Wet op Huishoudelike Geweld.
In die appèluitspraak het een van die drie regters, me. M. Victor, in ’n minderheidsuitspraak skerp kritiek op die ondersoekbeampte, insp. M. Gouws van die Edenvale-polisie, uitgespreek. Sy het onder meer bevind dat Gouws nie in “goeie trou” opgetree het nie en dat sy nie die reg gehad het om Greenberg se grondwetlike regte aan te tas weens “irritasie, ongeduld en om ’n lid van die publiek ’n les te leer nie”. Ná die appèluitspraak het Greenberg ’n hofbevel gekry om beslag te lê op onder meer ’n TV, 20 lessenaars, 20 rekenaars, ’n yskas, ’n mikrogolfoond en tien muureenhede in die kantore van die Gautengse hoofkantoor van die polisie. Hy het aangevoer sy skadevergoeding en regskoste is nie betaal nie. Brig. Johannes Meyer, hoof van litigasie in die regsafdeling van die Gautengse polisie, het namens die minister in ’n dringende aansoek teen die beslaglegging op die meubels gesê die beslagleggings is nie in belang van die regspleging nie, dat die beslagleggingsbevel “prematuur” is en dat daar verskeie gebreke in die bevel is wat dit “fataal gebrekkig” maak.
Couple get R80 000 each for unlawful arrest 4 November 2010 | ILSE DE LANGE
JOHANNESBURG - A Special investigator of the National Prosecuting Authority (NPA) and his girlfriend were awarded R160 000 in damages against police after they were arrested and detained overnight for no apparent reason.
Judge Ephraim Makgoba ordered the Minister of Police to pay R80 000 each to NPA investigator Wilfred Leso and his girlfriend, Thando Mthembu, for their unlawful arrest and detention in December 2008. The couple initially claimed R110 000 damages each after their harrowing experience at the hands of the police, who arrested them in front of a block of flats in Sunnyside after apparently taking offence when Leso asked why police wanted to search them and told them he worked for the Directorate of Special Operations. Leso said in court papers he and Mthembu were standing in the street outside a block of flats talking to people when they were ordered to stand still and raise their hands. When he asked why police wanted to search him and his car and introduced himself, he and his girlfriend were dragged to the police van, insulted and assaulted.
He was also kicked and a policeman sprayed pepper spray into his eyes, continuing to do so even after the police van was being locked. The couple was detained overnight at the Sunnyside police station on charges of crimen injuria, assault and interfering with police duties, but were released the next day without any charges being brought against them. Leso said they were never warned of their rights. and he was not allowed to phone his sister to ensure that his three minor children were safe. Police said the arrest and detention was lawful because Leso had assaulted and insulted a constable and his girlfriend had tried to interfere when they arrested Leso. Leso said the arrest was an act of retribution because police had taken offence when he told them who he was. He said the policemen had detained them to humiliate and degrade them in an act of revenge and abuse of power.
Courtesy - CITIZEN NEWSPAPER -
http://www.citizen.co.za/citizen/content/en/citizen/local-news?oid=149247&sn=Detail&pid=800&Couple-get-R80-000-each-for-unlawful-arrest-
‘Rugby’ dad awarded R35 000 Rademeyer claimed damages for his unlawful arrest and deprivation of freedom, his legal costs, malicious prosecution and the damage to his good name and reputation.
25 November 2010 | ILSE DE LANGE
A Pretoria father, whose night out after a Currie Cup rugby game ended with him being locked up in a police cell with the man who allegedly stole his son’s cellphone, has been awarded R35 000 damages. In terms of a settlement in the North Gauteng High Court, the Police Minister agreed to pay the amount to Thys Rademeyer, 53, of Arcadia, Pretoria, and to pay for his legal costs. Rademeyer initially instituted a damages claim of over R360 000 against the police after being arrested outside the Loftus stadium in Pretoria in July 2006 and spending several hours in a cell at the Sunnyside police station with a suspected cellphone thief.
He was released on R1 000 bail the next day and charged with assaulting a policeman and interfering in police duties, but all charges were later withdrawn against him. Rademeyer claimed damages for his unlawful arrest and deprivation of freedom, his legal costs, malicious prosecution and the damage to his good name and reputation. In court papers, police admitted that Rademeyer was arrested, but said this was necessary because he had assaulted a police constable. Rademeyer said he and a group of friends, including his son Thys Jnr, had visited the Sin Bin restaurant after watching the Currie Cup game between Western Province and the Blue Bulls at Loftus that day. They were on their way to their cars when his son’s cellphone was stolen. His son and some of his friends gave chase.
Rademeyer was not aware that the police had, in the meantime, chased the suspected thief and recovered his son’s cellphone. When his son returned, pointed to a police van and told him “they” had recovered his cellphone, Rademeyer went to talk to the police to find out what was going on when a policeman suddenly jumped out of the van and ran at him. According to Rademeyer, he pushed the policeman out of the way, causing him to fall, in a reflex reaction because he had not expected anything like that to happen. However, Constable Lucky Maluleka, said in a statement that Rademeyer had been aggressive. He had grabbed him by his uniform, pushed him and slapped him. He said he had to call for back-up to arrest Rademeyer. Courtesy - CITIZEN NEWSPAPER
http://www.citizen.co.za/citizen/content/en/citizen/local-news?oid=153394&sn=Detail&pid=800&%E2%80%98Rugby%E2%80%99-dad-awarded-R35-000-
2012-04-09 Philip de Bruin - Beeld senior legal editor, writes:
Description Greek-SA businessman Cacouris Amiras, 55, gets R150,000 damages from SAPS for trumped up false arrest under pretence of a 'vehicle theft'- and horrid police-jail treatment: arrested over genuine mix-up in registration of a vehicle...
Johannesburg – ’n Gesiene sakekonsultant van Johannesburg het sy eis weens kwaadwillige en onregmatige inhegtenisneming en vervolging in die Johannesburgse hooggeregshof gewen. Cacouris Amiras (55) het in 2007 ’n sleepwaentjie aan ’n kennis, ene Fryer, verkoop. Fryer het die waentjie egter nooit op sy naam laat registreer nie.Een van Fryer se voertuigbestuurders is in September 2008, terwyl hy die waentjie gesleep het, deur die polisie voorgekeer. ’n Ondersoek het aan die lig gebring dat die waentjie nie in sy werkgewer se naam geregistreer is nie en hy is na Sandton se polisiekantoor gebring omdat die polisie geglo het die waentjie is gesteel. Fryer is ontbied en op sy beurt het hy Amiras gevra om na die polisiekantoor te kom om die polisie in te lig dat die waentjie nie gesteel is nie.
By die polisiekantoor het konst. C.A. Lemmetjies, die ondersoekbeampte, Amiras meegedeel dat die waentjie volgens die polisie gesteel is en dat hy (Amiras) in hegtenis geneem gaan word op aanklag van motordiefstal.
Ondanks verskeie pogings om borgtog te kry is Amiras eers 36 uur later hof toe gebring en op borgtog vrygelaat. Die klagte teen hom is later laat vaar. Amiras het voor waarnemende regter J. Mphahlele in die hooggeregshof getuig dat hy verneder is deur die inhegtenisneming, aanhouding en vervolging, onder meer omdat van sy sakevriende daarvan uitgevind het. Hy is 36 uur in haglike toestande aangehou, ondanks die feit dat Lemmetjies al die dokumente in sy besit gehad het om te kon bepaal dat Amiras nié die waentjie gesteel het nie, maar dit aan Fryer verkoop het. Mphahlele het bevind dat Lemmetjies se gedrag “kwaadwillig” was en dat daar geen regverdiging bestaan het om Amiras in hegtenis te neem, aan te hou of te vervolg nie.“Ek vind dit onaanvaarbaar,” het hy gesê.
Regter Mphahlele het beveel dat Lemmetjies en die minister van polisie R150,000 skadevergoeding plus rente van 15,5% terugwerkend van Mei 2009 aan Amiras moet betaal. Hulle moet ook al Amiras se regskoste betaal.
http://afrikaans.news24.com/Suid-Afrika/Nuus/Sakeman-wen-eis-teen-konstabel-minister-20120409
Businessman sues police for ‘wrongful arrest’
Published in: Legalbrief Today
Date: Mon 27 February 2006
Category: Litigation
Issue No: 1530
Alan Selkon, owner of several aviation businesses in Germiston, east of Johannesburg, last month spent four days in an overcrowded holding cell — without being officially charged – and is suing Safety and Security Minister Charles Nqakula for his ‘unlawful arrest’. Selkon’s attorney Michael Salomon told the Sunday Times his client was demanding R769 095 for ‘humiliation, unlawful arrest and detention’.
According to the letter of demand, Selkon’s ‘humiliating’ arrest at his office was witnessed by his business associates. When Selkon appeared in the Germiston Magistrates’ Court for a bail application, a charge sheet containing details of one of Selkon’s former employees, who had not been paid R15 000, suddenly emerged. The case was withdrawn.
Full Sunday Times report
follow this link for more stories
Published in: Legalbrief Today
Date: Mon 27 February 2006
Category: Litigation
Issue No: 1530
Alan Selkon, owner of several aviation businesses in Germiston, east of Johannesburg, last month spent four days in an overcrowded holding cell — without being officially charged – and is suing Safety and Security Minister Charles Nqakula for his ‘unlawful arrest’. Selkon’s attorney Michael Salomon told the Sunday Times his client was demanding R769 095 for ‘humiliation, unlawful arrest and detention’.
According to the letter of demand, Selkon’s ‘humiliating’ arrest at his office was witnessed by his business associates. When Selkon appeared in the Germiston Magistrates’ Court for a bail application, a charge sheet containing details of one of Selkon’s former employees, who had not been paid R15 000, suddenly emerged. The case was withdrawn.
Full Sunday Times report
follow this link for more stories
