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News Date: 20 October 2006
The Minister of Police was ordered to pay a local attorney R35 000 in damages, following a case of unlawful arrest.
The attorney, who wants to remain anonymous, told the Zoutpansberger that he was arrested in 2005 by a member of the Makhado (Louis Trichardt) police.
He said that a client of his phoned him and complained about a policeman who was interrogating him after a business transaction between him (the attorney’s client) and a friend of the policeman went sour. Shortly after arriving at his client’s workplace, the policeman arrested the attorney and said that the attorney was "interfering with his duties as a policeman."
Needless to say, the case against the attorney was nulla proseque and all charges against him were dismissed. The attorney then instigated civil action against the Minister of Police and the arresting officer, Insp John Risimati Chauke. Chauke apparently argued that he had arrested the attorney because the lattrer "did not show enough respect" towards himself as a policeman.
The civil case came to an end on Monday, October 16, when the local civil court ruled in favour of the attorney. The judgement came as good news for many who believe that a large number of police officials act outside of the law by making unlawful arrests. The sad part is, however, that although the court found that Chauke had indeed made an unlawful arrest, he will not have to pay a cent of the money awarded as damages. That bill is for the taxpayer.

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