Bheki Cele tavern shooting

Police Minister Bheki Cele. Photograph: Flickr

Bheki Cele to pay about R600 000 for mistaking two women for robbers

A judgment has found police guilty of unlawful arrests. Bheki Cele will pay the two Johannesburg victims R250 000 and R290 000 each.

Bheki Cele tavern shooting

Police Minister Bheki Cele. Photograph: Flickr

Two local women who were mistaken for robbers and arrested without warrants, have won a case against Bheki Cele. Both will be granted around R600 000 in damages as confirmed in court on Monday 11 October.

BHEKI CELE’S MEN ARRESTED THE TWO WOMEN IN PARK STATION

The case was heard at the Johannesburg High Court after the two women got arrested in Johannesburg in October 2014. The judge said the pair had been total strangers when the event took place at Park Station before their trips home to the Eastern Cape. One woman was pregnant and carrying heavy bags, and so managed to get help from the other before starting a conversation.

While sitting next to each other waiting for the bus, Cynthia Morwanqana and Eunice Matshaka wouldn’t predict what was about to happen next. A woman suddenly appeared with police and was accusing Morwanqana and Matshaka of robbing her goods worth R30 000 in Centurion. She claimed that the women fit the description of her alleged robbers.

THE WOMEN SHOWED INNOCENCE BUT POLICE PUSHED ON

After the two women denied the accusation, police asked one of them to call the other’s number to confirm that they didn’t know each other. The call was made to confirm Morwanqana and Matshaka did not have each other as saved phone contacts – but the cops were still unconvinced.

After a few calls to the accuser’s husband and the police station where the robbery had been lodged, police later hurled off Morwanqana and Matshaka from the bus and arrested them to spend a few days in police cells.

“The plaintiffs were shocked, dismayed, and dumbfounded all at once – not to speak of the embarrassment of having been yanked off the bus in front of a busload of passengers, who no doubt saw them as troublemakers and the ones responsible for disrupting what should have been a leisurely and carefree bus trip to the Eastern Cape,” the judge said.

Bheki Cele admitted that the two plaintiffs were arrested without a warrant, but denied it was a crime. However, the women argued that the police did not have the evidence to arrest them, instead, they were arrested sorely based on getting pointed at as the culprits.

JUDGE SAID BHEKI CELE’S MEN SHOULD HAVE DONE BETTER THAN TO MAKE ARRESTS

According to the judge, the police officers should have accepted the explanation from Morwanqana and Matshaka.

“All that he needed to do was to obtain their full details and particulars, including their full names, addresses (home and work) and identity numbers, which would have enabled the investigating officer to verify their story,” judge Adams said.

“Even at 19:30 on a Friday night, he probably could have called the principal at the school at which the second plaintiff worked as a teacher to verify her story. This should have been done without arresting the plaintiffs.

“I am, therefore, of the view that the minister did not establish that there were reasonable grounds to suspect that the plaintiffs committed the robbery. The arrests and subsequent detention were therefore unlawful.”

BHEKI CELE AND POLICE FOUND GUILTY

Judge Adams concluded to find the police guilty of wrongful and unlawful arrest. The women were subjected to public humiliation, unhygienic conditions, and trauma.

“They were traumatised, understandably so,” Adams said.

“The cell was dirty, and the ablution facility was disgusting. Although they were offered something to eat at about 20:00 on the Friday night, both of them were not able to eat due to the stress.

“I have come to the conclusion that, considering the length of period for which the plaintiffs were detained and the prevailing conditions under which they were incarcerated, it would be appropriate to award the first plaintiff (Morwanqana) the sum of R250 000 and the second plaintiff (Matshaka) an amount of R290 000 as damages for unlawful arrest and detention.”