The High Court has ordered Home Affairs and Cultural Heritage Minister Cain Mathema and three police detectives to pay Mr Bongani Ncube US$5 000 as compensation.
Ncube was unlawfully arrested and detained on false allegations of driving a stolen South African registered car. He was driving to Livingstone, Zambia, when he was intercepted by detectives manning the exit gate at the Victoria Falls Border Post. The police officers accused Ncube, who is based in South Africa, of driving a stolen car and using fake vehicle registration papers.
In his application Ncube cited Detective Constable Artwell Sibanda, Detective Assistant Inspector Felix Tandi, Detective Sergeant Brian Munyanyi and Minister Mathema, as defendants. Ncube sought to be compensated US$50 000 in damages for wrongful and unlawful deprivation of liberty by the defendants. However, Justice Makonese, using his discretion, ordered the defendants to pay the plaintiff US$5 000 as quantum of damages including the legal costs he incurred. Justice Makonese said the arresting officer, Detective Constable Sibanda, was overzealous and acted irrationally without bothering to first verify the documents.
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