Police ordered to pay E380 000 for torture

THE High Court has ordered government and the national commissioner of police to pay E380 000 in damages to a man who was unlawfully arrested, assaulted and tortured by police officers who allegedly used a plastic bag to suffocate him during interrogation.

In a judgment delivered on Wednesday, Judge Sabelo Masuku awarded Sandile William Hlongwane E180 000 for unlawful arrest and detention and E200 000 for pain and suffering arising from the assault and torture he endured while in police custody.

The court also ordered the defendants to pay interest at 9% per annum on the E380 000, calculated from the date of judgment until final payment, together with legal costs for both the liability and damages assessment proceedings. Judge Masuku strongly condemned the torture method used by the investigating officers, describing it as incompatible with a civilised justice system.

“The method restraining a helpless, handcuffed suspect supine on a bench with hands cuffed beneath and inducing slow asphyxiation by sealing his face with a plastic bag, offends every tenet of a civilised system of justice,” the judge stated. He said the method violated the absolute prohibition against torture and cruel, inhuman and degrading treatment under Section 18(2) of the Constitution of Eswatini. “There can be no justification, no circumstances and no duty that can excuse it. It is abhorrent to the conscience of this court and to all right-thinking members of society,” Justice Masuku said.

The judgment follows an earlier ruling delivered on June 4 in which the court found the defendants liable for Hlongwane’s unlawful arrest and detention on August 15, 2020 as well as his assault and torture by Constable Detective Shiba and Constable Tsabedze.

Govt argued for lower damages

THE defendants had argued that E30 000 would constitute fair compensation for the unlawful arrest and detention, submitting that Hlongwane had been detained for a relatively short period and had not demonstrated permanent injuries.

They also argued that the arrest was conducted professionally at the police station and that Hlongwane was neither formally charged nor publicly humiliated during the arrest itself. However, the court found that the detention, although lasting approximately 21 hours, was aggravated by torture and the public presentation of Hlongwane in handcuffs.

In assessing damages, the judge considered previous local and South African court awards, inflation, the circumstances of the arrest and the violation of Hlongwane’s constitutional rights. The court also rejected the argument that the absence of a medical report meant Hlongwane had failed to prove his suffering, finding that the evidence presented was sufficient to establish the assault and torture. Judge Masuku concluded that E200 000 was reasonable compensation for the pain and suffering caused by the police officers’ actions.

Plastic bag used to suffocate suspect

ACCORDING to the judgment, Hlongwane was summoned to the police station by the two officers who questioned him about tractor parts they suspected he had stolen from a complainant, Ngwenya.

When Hlongwane denied stealing the parts and asked the officers to call Ngwenya to explain the allegations, they allegedly refused and threatened to use other means to force him to disclose their whereabouts.

Hlongwane testified that the officers showed him a wooden bench, which they called a ‘donkey’, before ordering him to lie on it facing upwards.

His hands were handcuffed beneath the bench, after which a plastic bag was pulled over his head and mouth, leaving him struggling to breathe.

The court heard that the officers instructed him to strike the bench with his handcuffs when he was ready to provide information about the allegedly stolen items.

Hlongwane said he eventually struck the bench for assistance but was only rescued when a female officer entered the interrogation room. The officer reportedly called for the other officers to untie him and remove the plastic bag, telling them to release him because they had no basis for the torture.

The assault allegations were corroborated by Themba Tsabedze, a witness who was present when police took Hlongwane to his parental homestead at Ka-Ndzangu.

Judge Masuku rejected the defendants’ argument that the arrest was free from humiliation, finding that the public presentation of Hlongwane in handcuffs was demeaning.

The judge further found that police had acted with an improper and malicious motive, noting that Hlongwane had demanded an inventory of the allegedly stolen tractor parts on three occasions but was not provided with one.

The court accepted that Hlongwane did not demonstrate the elevated social standing established in some earlier cases but found that evidence portrayed him as a practising Christian who conducted himself well in his community.