SAPS ordered to pay for wrongful arrest

A MAN, who was mistaken for a robber and arrested in hospital where he was being treated for an injury to his arm, told the court of his humiliation after he was cuffed to the bed for three weeks.

The high court in Joburg questioned the conduct of the police, who kept watch outside the hospital room of Simon Sipho Sibeko, 63, all that time. After he was discharged, he spent two days in a cell, before the SAPS nabbed the real culprit.

Once they had the right person, they simply told him to go home, without an explanation or apology.

Sibeko claimed R1 million in damages from the SAPS, which offered to pay him just over R800 000 as compensation. However, the court ordered that he should receive R550 000.

Sibeko testified that on February 7, 2011, he was arrested at the Chris Hani Baragwanath Hospital in Soweto while he was receiving medical care. He was approached by four police officers who entered the ward and accused him of being a robber. He was arrested and chained to the hospital bed.

Sibeko said he was under the constant guard of police officers who rotated according to shifts.

When he was discharged, both his legs were chained and two SAPS officers, while pointing their firearms at him, escorted him to a waiting vehicle outside the hospital.

He said he was “marched” into the back of a police van in full view of all the patients and hospital staff.

Judge ML Senyatsi said Sibeko was denied his personal liberty and treated with disdain. He was not afforded any respect as a human being.

In awarding him R550 000 in damages, the judge said it must have been a terrible experience, especially as Sibeko knew he was innocent.