Drunk man must pay – court

Judge overrules earlier decision by lower court

Cops have had the last laugh after a pedestrian who sued the police for arresting him when he and a friend collapsed in drunken laughter in the middle of the road was slapped with their legal bills after his case failed on appeal.

Siyabulela Dyumani, who lives near Despatch in the Eastern Cape, felt aggrieved after being arrested for being drunk and disorderly, claiming the police “tricked” him into getting into a police van by pretending they were giving him a lift home.

Dyumani was initially successful in the Port Elizabeth Magistrate’s Court where he won R15 000 in damages.

However, the police minister consequently lodged an appeal and this week the Grahamstown High Court ruled that Dyumani’s arrest and detention were justified.

In December 2014, he was arrested while walking on the side of the R75 near Despatch and held for four-and-a-half hours. He claimed he was walking by himself at night when the police offered him a lift. After he got into the van, Dyumani claimed he was “most surprised” to find they were going in the direction of the Despatch police station and not his home.

He told the court he had no idea why he was arrested and detained as nobody spoke to him during the entire process.

Dyumani was later issued with a notice to appear in court for being drunk and disorderly and released.

According to judge Clive Plasket’s judgment, the police’s evidence was that they saw two extremely drunk men walking on the centre line of the road while hanging on to each other.

A police officer was able to smell alcohol on their breath, their eyes were red and they could not speak properly. He concluded that they were “strongly under the influence of liquor”.

The court also heard that once the two men were convinced to let go of each other, the one fell to the ground and Dyumani collapsed next to him while laughing at his friend who had fallen.

Plasket said Dyumani’s version was so improbable it could not be accepted.

He said the police official was a very good witness who, confronted with an inherently dangerous situation for Dyumani, his friend and other road users, considered his options and decided to arrest the two men.

Plasket ruled there was no reason why Dyumani should not pay the police’s legal costs.

Dyumani originally sued the police for R400 000 – R200 000 for “malicious prosecution” and R200 000 for unlawful arrest and detention. He withdrew the claim for malicious prosecution.