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Police ordered to pay in Eastern Cape wrongful arrest case


A quantum judgement amounting to close on R2.5 million plus costs was handed down in the Grahamstown High Court on Tuesday in favour of five plaintiffs who'd claimed damages against the Minister of Police and Captain Lupumlo Lwana of the Hawks for wrongful arrest, detention and malicious prosecution.

The  ruling of Judge A J Rugunanan brings the curtain down on a matter that has been before the courts for more than six years.

It follows an incident that took place on the 3rd of July 2013 at the Senqu local municipality officers at Lady Grey.

Captain Lwana had been trying to arrest one of the plaintiffs, municipal manager Mxolisi Yawa, on fraud allegations when Yawa sought the assistance of East London attorney Andre Schoombee.

Councillor Yawa maintained that Captain Lwana had failed to identify himself and had also been without a search warrant.

At the time, the Hawks claimed that Schoombee had assaulted the Hawks investigating officer who had thus been obstructed from performing his duties.

Schoombee, who subsequently instituted a civil action against the Minister of Police, said the plaintiffs all felt vindicated by the judgement.