Senqu official sues police ministry

Lawyer blasts ‘rogue’ Hawks officer over ‘unlawful’ arrest

SENQU municipality planning director Palesa Bushula is suing the police ministry and controversial Hawks police Captain Luphumlo Lwana for more than R800 000 in damages for what she says was an unlawful arrest, detention, assault and theft of her cellphone.

Bushulu’s lawyer, advocate Richard Quinn SC, yesterday described Lwana as a rogue policeman and bully after he had in 2013 arrested Bushula and had her charged with assault with intent to do grievous bodily harm, interfering with police in the execution of their duties, defeating the administration of justice, and resisting arrest.

In his opening address Quinn said he would produce evidence to show that the only reason Lwana had turned on Bushula was because she had filmed him arresting Senqu municipal manager Mxolisi Yawa in July 2013.

Bushula yesterday testified how Lwana had arrived at the municipality to arrest Yawa but had refused to produce identification to prove who he was.

The 46-year-old mother of two quietly but clearly set out how she, Yawa and other municipal staff had refused to comply with Lwana until he produced his identity.

She said she had finally resorted to getting the municipal licensing department to run his car registration, which had been registered to the SAPS commercial branch in East London.

She had gone up to Yawa’s office to share the information with other municipal staff and their East London-based attorney Andre Schoombie, who was there to advise them.

CCTV footage of the entire event was shown to the court in which Lwana could be seen entering the office with uniformed police to arrest Yawa.

Although the footage had no audio, Bushula testified what had been said.

She said Schoombie had told Lwana that he should produce identification or his client Yawa would not go with him.

The CCTV footage shows her holding her cellphone up and filming the entire event.

At some point Lwana had “like a magician” quickly flashed his identification before returning it to his back pocket.

Schoombie had then relented and a handcuffed Yawa was led towards the door.

The video shows that Lwana suddenly lunges at Bushula and grabs her cellphone out her hand. Bushula lunges back at him to retrieve it.

Although the video is not clear, a brief scuffle ensues before Lwana, with Yawa, in tow, leaves the office.

Bushula says she drove to the police station to lay a charge of theft and assault against Lwana.

While there, Lwana arrived and had her arrested.

Quinn told the court they would hear evidence of how Schoombie was also summonsed to the police station under false pretences and then arrested by Lwana.

He said Schoombie, Yawa and Bushula’s bail applications were then delayed because Lwana left Lady Grey with the police docket.

Later, after all three were granted bail, he said Lwana had refused to heed the magistrate’s order that Bushula’s cellphone be returned to her.

Finally, the case ended up in the high court and Judge John Smith had again ordered Lwana to produce the phone for analysis.

Judge Boni Sandi had later expressed the court’s displeasure at Lwana’s failure to heed the order by ordering him to pay the legal costs out of his own pocket.

“He is a rogue policeman and a bully who lost his composure when he thought he had somehow been belittled and insulted,” said Quinn.

Bushula wants the police ministry and Lwana between them to cough up some R817 000 in damages for the ordeal she suffered.

She said the assault, arrest, and detention was wrongful, unlawful and malicious.

In its plea, the defence says Lwana had instructed her not film the arrest and had ordered her to hand over the cellphone.

When she had failed to do so he had used “necessary force” to remove the cellphone.

He says she was lawfully arrested and denies any wrongdoing.

The civil trial continues today.