Woman to sue for un­law­ful ar­rest

The Citizen (KZN) - - News - Sonri Naidoo

A Tem­bisa woman plans to sue Ivory Park po­lice for un­law­ful ar­rest and defama­tion of char­ac­ter af­ter she was ar­rested for a mat­ter the courts had al­ready dis­posed of.

Ac­cord­ing to Mat­seliso Moeketsi, she was ar­rested on 31 Jan­uary in Tem­bisa by Ivory Park po­lice of­fi­cers, who used an ex­pired sum­mons to back up her ar­rest.

Moeketsi said the of­fi­cers did not have a war­rant of ar­rest and, in­stead, showed an ap­pear­ance be­fore the court doc­u­ment dated 7 Septem­ber, 2018.

“They showed me a doc­u­ment from two years ago, which was re­viewed be­fore the court,” said Moeketsi.

“Af­ter my visit to the Pre­to­ria district of­fice, it was con­firmed the doc­u­ment was in­valid.”

Af­ter spend­ing the week­end in a hold­ing cell, she was told the mat­ter had not ap­peared on the court roll and she was sent home.

“I was pushed into the po­lice van and spent three days in a hold­ing cell.

“I was alone and sur­rounded by rats, flies and the smell of fae­ces.

“I am so con­fused. I feel ha­rassed, humiliated and trau­ma­tised,” said Moeketsi.

Ac­cord­ing to the Crim­i­nal Pro­ce­dure Act, a po­lice of­fi­cer may only carry out an ar­rest with­out a war­rant if wit­ness­ing a crime or when there is rea­son­able sus­pi­cion that a per­son has com­mit­ted a sched­ule one crime, such as rape, rob­bery or ar­son.

Moeketsi claimed she ques­tioned the sta­tion com­man­der on the rea­son for her ar­rest, but he told her he was not per­mit­ted to dis­cuss mat­ters with de­tainees.

“I have lost hope in the po­lice of our city.

“They are abus­ing their power,” Moeketsi said.

“I ques­tion how many other people have been treated this way by Ivory Park po­lice of­fi­cers.”

Moeketsi said she had been de­tained at the time that she was sup­posed to ap­ply for a mas­ters bur­sary in com­mu­ni­ca­tion sci­ence.

Her mother, Jac­inta Mok­ga­bodi, said she did not be­lieve her daugh­ter would be in­volved in any crim­i­nal mat­ters, and was just as con­fused about her ar­rest.

“My daugh­ter is fo­cused on her education,” Mok­ga­bodi said.

Ivory Park po­lice de­nied any knowl­edge of the mat­ter and failed to re­spond to fur­ther com­mu­ni­ca­tion from The Ci­ti­zen.

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