Bikers on fruitful venture

A NORTH West High Court judge has rapped a policeman over the knuckles for arresting and detaining a Harley Davidson owner for allegedly stealing his own motorbike.

Phaladi Molewa, who sued the minister of police for unlawful arrest, had bought the motorcycle for R45 000 from its previous owner in 2006 but failed to register it in his name.

Four years later, his former lover registered it in her name and claimed Molewa had stolen it.

According to court papers, the motorcycle was involved in an accident the day after Molewa took possession of it. It was taken for repairs and kept there for a “considerable period of time”.

When Molewa’s relationship with his girlfriend turned sour, she went to the police station with the registration documents for the motorbike and laid a charge of theft against him.

Molewa was called to the station and could not explain to Warrant Officer Sello Motlana how she had managed to register the bike in her name.

However, he said that when the woman registered the motorcycle it was still being repaired, meaning she could not have legally registered it because it was not roadworthy.

Despite this, Motlana arrested Molewa and detained him for two days in October 2014.

Judge Rodney Hendricks found that Motlana had not used his discretion as required by the Criminal Procedure Act, when he arrested Molewa. He said the police minister should be held liable for the wrongful arrest.

The court must still decide on the damages amount to be awarded to Molewa.