Mozambican man bags R270K in damages after ‘xenophobic assault’, unlawful arrest by SA police

A Mozambican man has been awarded R270,000 in compensation after being unlawfully arrested and assaulted by members of the police in what appears to be a xenophobic incident.

In 2019, Vigo Manuel Macamo was assaulted by two police officers after overtaking their vehicle in Soweto.

Macamo sustained injuries to his nose, left shin, and both wrists.

A doctor also noted tenderness in his lower ribcage and the left side of his lower abdomen.

Mozambican man assaulted, arrested

On 18 October 2019, just before midnight, Macamo was driving along Mdlalose Street in Protea North when his car was stopped by a Public Order Police (POP) vehicle.

The vehicle was driven by Sergeant Risonga Maluleke, accompanied by Sergeant Davidson Mutavhatsindi.

The court heard that Macamo, a mechanic, had overtaken the police vehicle before being stopped at a roadblock set up by the Johannesburg Metro Police Department (JMPD).

After his driver’s license was checked and he passed a breathalyser test, Macamo was cleared to proceed.

However, about 30 meters beyond the roadblock, Maluleke’s vehicle stopped him again.

Macamo was forcibly removed from his car, handcuffed, and subjected to kicks, slaps, and punches.

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He testified that the assault was xenophobic in nature, as the officers allegedly told him he “was not in Maputo now”, referencing his Mozambican nationality.

Macamo was subsequently charged with driving under the influence of alcohol, reckless and negligent driving, and operating an unroadworthy vehicle.

He was detained in a “dirty cell” at the Protea Glen Police Station and released on bail the following day, just before 9am.

The charges against him were later dropped.

Following this, the Mozambican man decided to sue the officers for his unlawful arrest and assault.

Police officers deny assault

In court, Maluleke and Mutavhatsindi testified that Macamo overtook their vehicle at high speed and ran a red light.

They claimed to have found three beer bottles in his car, two of which were empty and alleged that Macamo appeared “plainly drunk and uncooperative,” leading to his detention for his own safety.

The officers also stated that Macamo refused to provide his driver’s license and was driving without a valid vehicle license.

They denied any involvement in assaulting him.

However, Sergeant Nzimande, who witnessed the assault, disputed their testimony.

He testified that as he was driving past the scene, he recognised Macamo, who had recently worked on his car, though he didn’t know him well.

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Both men lived and worked in the Soweto area.

Nzimande said he stopped to offer assistance and found the Mozambican man sitting on the ground with his hands cuffed behind his back.

He testified that he saw Maluleke slap Macamo and another officer kick him in the back of the head.

When Nzimande asked why Macamo was being assaulted, Maluleke responded by calling him a criminal and refused his colleague’s request to release him.

The police officer got back in his car and drove away.

Court judgement

In a judgement delivered this week, Judge Stuart Wilson of the Gauteng High Court in Johannesburg found Macamo’s testimony, although “somewhat terse,” to be credible.

 “There was nothing inherently improbable or unreliable about it. He was, overall, an impressive witness.

“It seemed to me that his taciturn demeanour in the witness box was designed to hold in genuine feelings of anger and humiliation at what, on his version, was plainly a harrowing episode.

“Mr Macamo clearly found it difficult to recount the events of which he gave evidence,” the judge said.

Wilson also accepted Nzimande’s evidence, which was not challenged during cross-examination.

“Sergeant Nzimande’s evidence was clear and satisfactory in every respect. He of course knew Mr Macamo, but not that well.

“It was not suggested that he had any bias adverse to Sergeant Maluleke or Sergeant Mutavhatisindi.

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“Sergeant Maluleke and Sergeant Mutavhatisindi both said that Sergeant Nzimande did not appear on the scene of the arrest by chance, but was called there by Mr Macamo.

“Again, however, that version was not put to Sergeant Nzimande. It is, in any event, fanciful.”

The judge found that Maluleke or Mutavhatisindi’s testimony, that Macamo had bottles of beer in his car, was “a falsehood, made up after the fact”.

“Secondly, Sergeant Maluleke and Sergeant Mutavhatisindi were, overall, wholly unimpressive witnesses. Their demeanour in the stand was dogmatic and belligerent.”

He added that the officers were “clearly lying” when they denied assaulting Macamo.

Damages plus interest for Mozambican man

Wilson, therefore, ruled that Macamo was unlawfully detained despite having done nothing to provoke it.

The judge noted that although Macamo, who sought R800 000 in damages, had spent only nine hours in detention, his experience of being arrested, assaulted, and taunted about his Mozambican nationality was humiliating.

“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.”

In addition to the R270 000 plus interest, the state was ordered to cover Macamo’s legal fees, including the costs of counsel.

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