R160K for Limpopo woman unlawfully arrested

An elderly Limpopo woman who was unlawfully arrested, assaulted and humiliated by police after selling copper cables to a scrap metal dealer, has been awarded R160 000 damages.

Acting Judge L Nkosi ordered the police minister to compensate Johanna Pavier of Louis Trichardt for her experience at the hands of the police five years ago.

Pavier was arrested without a warrant, despite showing the police a letter from the seller. A case of dealing in second-hand goods without a valid certificate was opened but she was rushed to hospital after collapsing at the police station on being told she was going to be detained in the cells.

She testified that one of her arms had been handcuffed to the hospital bed and that the police officer said she would be raped in the police cells. A police officer called her “rubbish” and refused to assist her to get into the police van on her release from hospital, instead repeatedly slamming the door against her and injuring her shoulder, hip, knee and foot.

She was handcuffed to the police van while the driver took detours and drove at high speed over potholes, causing her to fall. Cellphone footage she took of the trip was shown in court.

Nkosi said it was clear Pavier was in severe distress, anxious and traumatised. Her age and chronic medical condition did not suggest she was a flight risk worthy of being handcuffed. Her arrest had not been justified as the Second Hands Goods Act did not provide for the arrest of an offender.

Handcuffing an elderly woman to a hospital bed was insensitive and cruel and she should be compensated for the trauma, the judge said.