Court rules against R1 million claim for wrongful arrest in Polokwane
The Polokwane High Court has dismissed a R1 million claim against a man who said he was wrongfully arrested for selling and being in possession of drugs.
Image: File
The Polokwane High Court has dismissed a claim for R1 million in damages for unlawful arrest and detention for drugs brought against the Minister of Police by Jan Moraka Lemekwane.
Lemekwane claimed he was wrongfully arrested for possessing and selling drugs, specifically nyaope, on September 23, 2021, near the Mall of the North on Munnik Street in Polokwane.
He asserted that another person gave him a plastic bag, instructing him to deliver it, believing it contained bread, and denied any knowledge of the drugs. He was detained until September 27, 2021.
Lemekwane further alleged that after his arrest, Constable Magano and his colleague took him to a residence of his colleague, Constable Netshikweta, where they assaulted him before transporting him to the police cells.
He claimed that Constable Magano had been alone and was the one who apprehended him.
The police, in their defence, confirmed the arrest on the specified date, stating that Lemekwane admitted the drugs belonged to him and that he was selling them.
Constable Magano testified that he and Constable Netshikweta were conducting patrols when they stopped a suspicious blue VW Jetta.
“I went to introduce myself to the driver, who was alone in the car and requested him to come outside to be searched,” Constable Magano said.
He stated that he first searched Lemekwane and found nothing. He then searched the car, finding four large plastic bags containing approximately 100 small plastic packets under the driver’s seat.
“The four bags contained about 100 small plastic packets containing drugs or nyaope,” he said.
Additionally, he mentioned that Netshikweta was present but standing at a distance and observing.
Magano said Lemekwane was apprehended, a forensic officer was called to seal the drugs in his presence, and his constitutional rights were explained before he was taken to the police station for detention. The officers relied on Section 49 of the Criminal Procedure Act, which allows for arrest without a warrant.
Acting Judge L Ngcangca noted that Lemekwane never denied possession of the drugs, only ownership, conceding that he was in control and possession of the plastic bag containing the drugs.
The acting judge found the denial of ownership to be impossible to accept, especially since Constable Magano's testimony — that he was with Constable Netshikweta during the arrest — was not disputed or challenged by Lemekwane’s legal representative.
Consequently, Judge Ngcangca ordered: “Plaintiff’s claim is hereby dismissed with costs.”