Court rules for seven friends

Cops slammed in wrongful arrest case

AYOUNG Port Elizabeth human resources manager who won his case against the minister of police after he was wrongfully arrested with six of his childhood friends, now fears the very people meant to protect him.

The humiliation and assault Sam Hopa, 28, of Kabega Park, and his six friends suffered was highlighted by a judge on Thursday as the actions of the policemen involved were harshly criticised.

Judge Phakamisa Tshiki said there was no foundation whatsoever for the June 2013 arrests after an armed robbery at the Gelvandale KwikSpar.

Hopa, who is also a third-year Unisa law student, had told the Port Elizabeth High Court: “We are good boys from good homes who could never have committed an offence like this.”

As the details emerged of how the men – all students at the time – were made to lie face-down in the pouring rain for three hours while being kicked and hit by about 20 members of the Tactical Response Team, Tshiki described the events as inhumane.

Hopa, along with his six friends, slapped the minister with a civil claim.

The friends are:

NMMU construction management graduate Luyanda Nzo, 26, of Lovemore Heights;

Tender company owner Chuma Kosana, 30, of New Brighton;

NMMU IT graduate Sinekhaya Mcopela, 25, of New Brighton;

Sales executive Luvuyo Dunjana, 28, of New Brighton;

PE College HR graduate Malikhaya Tanca, 26, of New Brighton; and

Vodacom employee Sinethemba Payi, 28, of Kwazakhele.

Tshiki said given the social standing of the young men, the fact that they had never been arrested before, and the way in which the police had treated them – in full view of the public – it was clear their constitutional rights had been infringed upon.

While the men are claiming a combined R2.1-million in damages, Tshiki must still rule on the amount they will receive.

The judge said the police officers had contradicted each other on the stand and there had clearly been no reasonable cause for the young men to be arrested.

The police claimed they had acted on an anonymous tip that a silver VW Polo – like the one Mcopela drives – had been used in the commission of the robbery.

But, Tshiki said, Mcopela’s Polo was not even silver.

The friends had been at Mcopela’s house watching soccer when all hell broke loose at about 9pm.

They were dragged outside and forced face down onto the tar, where they were assaulted in front of a crowd.

They were detained for two days and then released without appearing in court.

“I am glad this part is over, but the experience has made me lose faith in the police,” Hopa said.

“The police are meant to protect us, but now I just fear being targeted by them.

“It makes one think about how often this [possibly] happens and people aren’t even aware.

“We were blessed in that we had the means to appoint a legal team.”

The men are represented by top human rights lawyer Egon Oswald and Advocate Ashley Moorehouse.

Dunjane said yesterday he had been bitter for a long time, but had learnt to accept what had happened as time went by.

“I often wonder if the people responsible for the robbery were ever arrested,” he said.

Dunjane said it was surreal seeing the policemen at court.

“I recognised one of them, so I walked up to him and shook his hand. It was kind of therapeutic for me, something I had to do.”

I often wonder if the people responsible for the robbery were ever arrested