Neither KZN SAPS nor the National Prosecuting Authority (NPA) appear to be investigating allegations of “torture” by Tongaat police against two men wrongfully accused of crimes in 2006.
Two men, Siyabonga Latha and Mthandeni Hlongwa, were awarded R3.6 million each after being wrongfully arrested in Tongaat and, according to the judge, tortured by police.
They were awarded the money by Judge Rishi Seegobin of the Pietermaritzburg High Court last week.
The pair were just 25 years old when they were arrested in 2006 and spent the next six years and 11 months locked up on convictions of rape and robbery.
Asked whether there had been any disciplinary action against the relevant officers, KZN SAPS directed the Courier to the NPA.
The NPA’s Natasha Ramkisson however said the matter was of a civil nature and the NPA only dealt with criminal matters. It should be the responsibility of SAPS.
“We prosecute matters brought to us by the SAPS. Regarding disciplinary action, SAPS report to their own structures. The NPA wouldn’t be involved in SAPS disciplinary procedures as that is their internal business and we are after all, two separate departments,” said Ramkisson.
KZN SAPS has not replied to queries regarding disciplinary action against the officers responsible.
Read the original article: R3.6 million each for Tongaat men wrongfully arrested, assaulted by police
Rendering his verdict, Judge Seegobin empathised with the ordeal the two men had been subjected to.
“They were approximately 32 years old by the time they were released (in May 2013). Six years and eleven months is indeed a long time to be deprived of one’s liberty and personal freedom,” said Judge Seegobin.
“It is also a long time to be deprived of an opportunity to establish a career, to strengthen personal relationships and in general, to create a sense of self-worth and well-being.”
He stated that he had absolutely no qualms in accepting the evidence that the two men had been subjected to “humiliating, degrading and dehumanising treatment” at the hands of the police.
Three years after their acquittal the two men sued the ministers of police, justice, correctional services and the national director of public prosecutions for malicious arrest and detention, deprivation of freedom, past and future loss of earnings, impairment to dignity and general damages for psychological trauma.
In May this year the ministers admitted liability and the matter went to trial to determine the amount of damages to be awarded.
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