AN ACTING judge described the conduct of the police towards a man who was arrested for no reason and had to spend a night in a cell crammed with other inmates as “unforgivable”.
The man tried to fight not being sodomised, only to be told by the SAPS that “this is the normal lifestyle of incarcerated people”.
Paul Tshamo turned to the Limpopo High Court, sitting in Polokwane, where he claimed R2.5 million in damages from the police minister. This, after he had to spend a night in a police cell under harrowing conditions.
Acting Judge G Diamond awarded him R500 000 in damages.
Tshamo testified that while in Johannesburg, he received a call from a police officer in Polokwane, who told him to come to the police station. He presented himself to the police the following day, when he was arrested without a warrant.
He had no idea at all as to why he was being arrested and the SAPS told him it was for fraud.
Following his nightmare ordeal, Tshamo claimed damages against the police. The latter simply issued a bare denial to the allegations levelled against them. As they did not defend the matter, he obtained a default judgment without the police.
His counsel told the court that he should be awarded R500 000 and the judge said he agreed, adding: “It is mind-boggling that the plaintiff was arrested in the first instance…”