A Johannesburg man who was arrested after he pushed his employer during an argument about his salary has lost his R1 million damages claim against the police minister.
Bryan de Klerk, 36, of Cato Manor sued the minister for his “mental anguish” after his arrest on an assault charge and eightday detention in December 2012. De Klerk’s employer, Rael Lasarow, laid a complaint of assault with intent to do grievous bodily harm against him following an argument about De Klerk’s salary during which De Klerk injured Lasarow by pushing him against a frame of a picture on the wall.
He was asked to report to the Sandton police station, where he chose not to make a statement. He was not detained in the cells, but taken directly to court, where the police recommended his release on bail of R1 000.
Because De Klerk did not apply for bail, he was kept in prison until his release eight days later, after Lasarow withdrew the charges against him. De Klerk claimed his arrest without a warrant had been unlawful and his prosecution malicious.
Acting Judge Bantubonke Tokota this week dismissed his claim in the North Gauteng High Court in Pretoria with costs. The judge said De Klerk was taken to court within two hours of his arrival at the police station.