Man wants R1.4m for wrongful arrest

2013-05-26 14:16

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Johannesburg - A rifle bag was placed over a Cape Town jogger's head for security reasons, according to court papers reported on by the Sunday Times.

According to the newspaper, the papers were filed in the high court in Cape Town on behalf of Police Minister Nathi Mthethwa.

Political science student Chumani Maxwele is suing the state for R1.4 million for wrongful arrest.

He was detained in February 2010 and quizzed about his political affiliations after showing a rude hand sign to a convoy carrying President Jacob Zuma, while jogging.

"The rifle bag was placed on [Maxwele's] head so as to eliminate the possibility of him seeing the route that the president uses to get to his residence," lawyers for Mthethwa reportedly said in the court papers.

For his own safety

"This was done purely as a security mechanism."

The Sunday Times reported that, according to the state lawyers, Maxwele's hands were also cable-tied behind his back for "his own safety".

"He was being transported in a vehicle occupied by members of the SA Police Service, who had equipment and firearms in their possession and which were in close proximity to [him]."

According to The Sunday Times, Maxwele said in his papers that his arrest - after which he was made to spend a night in jail dressed in running shorts and a vest - was a "clear case of bullying".

The newspaper reported that, in July 2011, the SA Human Rights Commission ruled that a number of Maxwele's rights had been violated. Although it found that Mthethwa should apologise to Maxwele, he had not yet done so.

Mthethwa was reportedly seeking to take the finding on review, and the matter had been placed on the roll of the high court in Johannesburg for 4 June, to obtain a trial date.

Read more on:    nathi mthethwa  |  jacob zuma

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