Daily Dispatch

Minister to pay after legal battle

- By MKHULULI NDAMASE

POLICE Minister Nathi Nhleko has agreed to pay Unemployed People’s Movement (UPM) organiser Ayanda Kota R120 000 in damages after he was sued for police brutality.

The matter was settled out of court earlier this month following Kota’s claims he had been assaulted by Grahamstow­n police in front of his then six-yearold son in 2012.

He had handed himself to the police after learning he was wanted for the alleged theft of two books belonging to Rhodes University lecturer Claudia Martinez-Mullen.

Although he is yet to receive the money, Kota yesterday pledged some of it towards the legal costs of Rhodes University students arrested during the #FeesMustFa­ll protests.

“The money will be used to strengthen the Unemployed People’s Movement and to see whether we can assist with the legal costs of the students.

“Only last night 10 students were arrested in Rhodes,” he said.

At the time of his arrest, police denied assaulting Kota, and claimed the activist had attacked and assaulted them.

Kota said in Nhleko conceding that he had indeed been assaulted by police he was vindicated for a second time as the theft charges against him had been withdrawn in 2012.

He said when he wanted to know the volumes and authors of the books so that he could replace them as he had lost them, MartinezMu­llen had refused.

“My arrest was unlawful and I was assaulted. They slapped and kicked me in front of my crying six year-old son.

“I went to the police station because police were harassing my mother – only to be assaulted when I got there.

“I am vindicated and happy that the lecturer is nothing but a disgrace now. Justice has served me very well,” he said.

UPM spokesman Xolisa Runeli echoed Kota and called on the police to exercise restraint when dealing with suspected criminals.

“We are calling on police to stop their continued brutality because we cannot continue to have taxpayers’ money wasted like this,” Runeli said.

Kota had sued the police for damages with the support of the Socio-Economic Rights Institute of SA (Seri).

Seri litigation fellow Linda Mdabe confirmed that the out-ofcourt settlement had been reached on October 5.

“We are accepting the offer but first we need to process it with the opposing lawyers,” he said.

Police spokesman Brigadier Selvy Mohlala referred questions to Nhleko’s office. The minister’s chief of staff Leon Mbangwa confirmed receiving questions from the Daily Dispatch and promised that a spokesman would respond to them. Nhleko’s spokesman Sandile Ngidi could not be reached for comment at the time of writing. —

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