The Western Cape High Court has ordered the Minister of Police to pay a Ceres man R150 000 in damages following his unlawful arrest and detention.
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The Minister of Police has been ordered to pay R150 000 in damages to a Ceres man following an unlawful arrest and detention during which police used excessive force.
In a judgment delivered on August 18, 2026, the Western Cape High Court awarded Khumbulani Zengethwa damages for an incident involving police at a shopping centre in Ceres eight years ago.
Acting Judge SC O’Brien found that what began over an apparent minor infraction should never have escalated to Zengethwa being arrested and detained.
O’Brien found that the police could have dealt with the matter differently.
“The police could have issued a fine to the plaintiff instead of confronting him,” the judge said.
O’Brien found that there was no need to arrest Zengethwa, much less detain him, and that the force used by officers went beyond what was reasonable.
The court awarded Zengethwa R50 000 for unlawful assault, R50 000 for unlawful arrest and R50 000 for unlawful detention.
The Minister of Police had conceded liability for the unlawful arrest and detention before the damages proceedings. The court still had to decide what had happened during the alleged assault and the extent of the damages Zengethwa could prove.
Zengethwa’s encounter with police happened on May 23, 2018.
He testified that officers stopped him and asked for his driver’s licence. After an argument, he said he was grabbed and hit by police.
Zengethwa said he fell on the tarmac and injured his elbow, knee and head. He also claimed that officers repeatedly kicked him before putting him into a police van.
He was detained in a cell and released later that night between 9pm and 10pm.
However, the court did not accept the full extent of the assault described by Zengethwa.
Cellphone and CCTV recordings captured significant parts of the incident and showed a confrontation, physical interaction and Zengethwa resisting officers who were trying to restrain him.
O’Brien found that the recordings did not clearly show the repeated punching and prolonged kicking alleged by Zengethwa.
The court also found that his accounts differed on important aspects of how he was injured. O’Brien did not conclude that Zengethwa deliberately fabricated his evidence, but found that the inconsistencies reduced its reliability.
Zengethwa had also sought damages on the basis that he suffered permanent hearing loss, orthopaedic injuries and psychological consequences which impaired his ability to earn an income.
While the High Court accepted that he has a hearing impairment, it was not satisfied that he had proved the condition was caused by the police incident.
His claims for future loss of earnings and future medical expenses were dismissed.
The R150 000 award comprised R50 000 each for unlawful assault, arrest and detention.
The Minister of Police was also ordered to pay Zengethwa’s legal costs, specified expert and interpreter expenses and costs arising from a postponement in January 2025. Interest will accrue on the damages if payment is not made within 14 days of the judgment.
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