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No luck for SAMWU workers in Court of Appeal

Date: 23 June 2017 By: Anton van Zyl

Sixteen workers from the Makhado Municipality, who sued the Minister of Police for wrongful arrest, had their hopes dashed of receiving any compensation after the Supreme Court of Appeal (SCA) denied them permission to lodge an appeal against earlier judgments.

The SCA delivered judgment in March this year, stating that the workers’ application for special leave to appeal was dismissed with costs.

The case stems from incidents in August 2011. The workers were all members of the SA Municipal Worker’s Union (SAMWU) and, at the stage, were taking part in a national protected strike. The workers were required, in terms of the agreement between the strikers and the municipality, to gather at the municipal workshop every day, from where they would march along a designated route to the civic centre.

On 23 August, 2011, the announcement as to the official route the workers had to follow when marching to the civic centre was apparently delayed. The workers, approximately 400 in number, decided to walk to the civic centre without getting the necessary permission. The protesters were subsequently stopped by a public order unit of the SAPS under the command of Captain Frederik Kroucamp. The police unit formed a line and forced the workers back into the workshop. At that stage, an incident ensued and one of the workers, Resimati Samuel Hlongwane, was arrested.

It was later testified that problems only started after lunch that day, when workers were presumed to have left for their homes. A small group of workers apparently later gathered at the main gate to the civic centre. They strewed litter and started fires. The police unit arrived and 14 of the protestors were arrested. Another worker was later arrested, bringing the total of SAMWU members arrested that day to 16.

After being released, the aggrieved workers turned to the courts and sued the Minister of Police for unlawful arrest and detention. Three of the applicants, namely Zondeka Mathebula, Resimati Hlongwane and Mmboneni Ramakavhi, also sued for damages for alleged assault.

When the case was heard in the local magistrate’s court, workers testified that they had been assaulted by police officers. Ms Maropeng Sathekge stated that she had been on her way to the doctor when she had received a call to report at the police station. On arrival at the station, she was arrested. Mr Elvis Tlou told the court that he had tried to get legal representation for one of the workers and had then gone to the police station to see him. He was also arrested at the station, according to his testimony. Another worker, Mr Mmboneni Ramakhavhi, alleged that he had been on his way to the bus station when four policemen had come running towards him and brutally assaulted him, before he had been arrested.

Resimati Hlongwane accused Capt Kroucamp of assaulting him when he left the workshop to get something to eat. The police officers, however, testified that Hlongwane had threatened Capt Kroucamp and grabbed him by the front of his shirt. He was hit on the hand with a baton in order for him to release his grip.

The magistrate rejected the evidence of the complainants and accepted the version of the police. The case was dismissed, but the workers then lodged an appeal with the Gauteng Division of the High Court. Here judge Baqwa and acting judge Strijdom turned down the application, and the applicants then turned to the SCA.

In his ruling, Judge of Appeal CHG van der Merwe confirmed the High Court’s decision that the magistrate’s ruling could not be overturned. “It is trite that a court of appeal is bound by the factual findings of the trial court, unless they were affected by material misdirection or the court of appeal is convinced that they were wrong,” he said.

The SCA judges were not convinced that, based on the evidence, the magistrate had erred when ruling against the workers. “On this evidence, some 30 persons acting in concert disturbed the public peace and tranquillity by littering and starting several fires at the main entrance to the municipal offices,” said Judge Van der Merwe. The judge was very sceptical about the workers' arguments that the police witnesses had fabricated evidence. He also pointed out several discrepancies in the workers' statements. He questioned the fact that no medical evidence was produced to substantiate claims that the workers had been assaulted.

The SAMWU members were represented by SO Ravele Attorneys from Louis Trichardt, while the Minister of Police was represented by MS Sikhwari.

 
 
 

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Anton van Zyl

Anton van Zyl has been with the Zoutpansberger and Limpopo Mirror since 1990. He graduated from the Rand Afrikaans University (now University of Johannesburg) and obtained a BA Communications degree. He is a founder member of the Association of Independent Publishers.

 
 

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