A kwaMashu man spent more than two years serving a rape sentence despite the fact that no medical evidence was ever collected to ascertain whether a sexual assault took place.
|||Durban - Police Minister Nathi Nhleko, the National Director of Public Prosecution and Justice and Constitutional Development Minister Michael Masutha are being sued by a KwaMashu man for more than R6 million in damages for wrongful arrest, malicious prosecution and unlawful detention.
Mfihlakalo Buthelezi, 24, spent more than two years in prison after he was arrested and charged with rape in March 16, 2010.
He was convicted and sentenced to life imprisonment in August 30, 2011.
He launched the civil claim at the Pietermaritzburg High Court this week.
On March 24, 2014, Buthelezi won his appeal against the sentence and conviction and was released after serving two years and seven months in prison.
In court papers, Buthelezi said he had never been arrested before the arrest on the bogus rape charge, and had been a school pupil at the time of his arrest.
He said that on March 16, 2010, he was arrested by police and charged with rape.
Buthelezi claims that the conduct of the police members was wrongful in that no medical examination was ever performed on the complainant (person who reported the rape) and therefore there was no evidence of any sexual assault.
“Police acted solely on the word of the complainant without any supporting factors to sustain the allegations. Having a suspicion is not reasonable grounds to arrest someone,” Buthelezi said.
Buthelezi claims he was arrested on a main road in Ulundi in the presence of his friends and in full view of the public.
He was transported to the police station in a police van and was kept waiting in the charge office for 30 minutes before being processed.
When he enquired about the incident he was being charged for, Buthelezi claims he was told he would “find out in court”.
Buthelezi appeared in court the day after his arrest when his case was postponed for a bail application.
The bail application was postponed on various occasions and for the duration of his detention, Buthelezi said, he was treated harshly by police, kept in unhygienic cells and had no access to clean sleeping facilities or rest rooms.
He was detained at the Magudwini Police Station for 83 days before being released on bail on June 8, 2010.
Buthelezi is claiming R650 000 in damages for his wrongful arrest.
The NDPP then took a decision to prosecute Buthelezi and by pursuing a case against him on the charge of rape, Buthelezu maintains that the police and the NDPP maliciously set the law in motion.
“Notwithstanding the absence of any medical examinations being performed on the complainant or myself, which amounts to the absence of any evidence indicating a sexual assault took place, the NDPP pursued a case against me on the charge of rape,” Buthelezi said.
He added that the police had misled the court by placing on record fabricated evidence, allegedly being a statement by him confessing to the crime.
Buthelezi denies he made any such confession.
For his malicious prosecution, Buthelezi is claiming R1m in damages.
Arising from his arrest and subsequent prosecution, on August 30, 2011, Buthelezi was convicted of rape and sentenced to life imprisonment.
He said that the presiding officer (magistrate) did not apply his mind to the inconsistencies which appeared from the evidence given by state witnesses.
Because of these inconsistencies, the presiding officer convicted Buthelezi without probable cause.
The State failed to prove its case beyond a reasonable doubt and as a result, the court of appeal later reversed Buthelezi’s conviction.
Buthelezi accuses the NDPP of being motivated by statistics to pursue a conviction instead of the interests of justice and accuses the police of fabricating evidence against him.
He also accuses the NDPP of failing to disclose evidence to the court which may have assisted in his defence and could have resulted in an acquittal.
During his detention, Buthelezi was transferred to several prisons, including Nongoma Prison, Ncome Prison in Vryheid and Qalakabusha Prison in Empangeni.
During his imprisonment Buthelezi claims he suffered from constant anxiety and depression and was subjected to intimidation and torture by other prisoners, including sexual assaults and physical abuse.
Buthelezi revealed that he was detained in unliveable conditions with more than 50 prisoners placed in his cell.
For his wrongful conviction and sentence, Buthelezi is suing for R5m.
The Ministers of Police and Justice and the NDPP are defending the action.The case has been adjourned to May 24.
Daily News