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The Limpopo roads MEC has been ordered to pay damages to a motorist who was throttled, kicked, punched and stabbed with a pen by three traffic officers after refusing to pay a bribe.
Judge Selby Baqwa ruled in the High Court in Pretoria that Lodewikus de Klerk, 49, of Limpopo was entitled to compensation after the incident on the N1 near Maboko in November 2011. De Klerk is claiming R580 000 damages, but the actual amount of damages will only be determined at a later stage.
De Klerk testified he was stopped for speeding and accused of driving 92km/h in a 60km/h zone, but when he protested that his car’s speed showed he was driving 62km/h was told that the officers were working with a radar machine and not the car’s computer.
When he asked the officer to issue him with a ticket, the man hesitated and said the problem could be solved if they came to an arrangement. The officer became cross when De Klerk refused to pay a bribe. While he was being issued with a ticket, the officers stopped another vehicle and De Klerk saw the driver producing money.
He asked the driver why he was getting involved in corruption and started taking photos, whereupon one of the officers stabbed him with a pen, jumped on his back and started strangling him.
The other two others joined in a free-for-all assault on De Klerk with fists, kicks and arm twisting. He was repeatedly kicked when he fell to the ground. De Klerk shouted for help when he saw that another motorist had stopped and then managed to escape and drive away.
The eyewitness, Anthony Scott, later exchanged details with him and drove behind him all the way to the hospital. De Klerk felt dizzy and had a sore neck and swollen wrist after the incident, for which he had to receive medical treatment.
Scott confirmed that he had seen the officials assaulting De Klerk and two doctors who treated him confirmed his injuries were consistent with his report of an assault. De Klerk laid assault charges against the three officers, but they were acquitted.
Two of the officers flatly denied assaulting De Klerk or asking him for a bribe. However, Judge Baqwa found that his corroborated version was more likely.
– ilsedl@citizen.co.za
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