Africa-Press – Eswatini. ACC investigator Mcebo Mkhweli, who was arrested for among other charges, allegedly drink-driving, is now suing the Royal Eswatini Police Service a sum of E800 000.
In his particulars of claim, Mkhweli narrated to the court that on July 16, 2019, he was arrested and detained by the Mbabane police officers under the Traffic Department. The Anti-Corruption Commission (ACC) investigator told the court that he was subsequently charged with four counts under the Road Traffic Act No.6 of 2007, which included a count of driving while under the influence of liquor. According to the plaintiff (Mkhweli), when he was arrested, he was not driving any motor vehicle as per the charge sheet. “The police officers from Mbabane Traffic Department falsely and maliciously arrested, detained and thereafter charged the plaintiff without any reasonable and/or probable cause,” reads part of the plaintiff’s particulars of claim.
Argument
It was further his argument that when the police arrested him, they were acting at all material times within the course and scope of their employment as police officers under the command of the national commissioner of police. He submitted that during the arrest and detention, he was allegedly assaulted by the police officers such that he sustained injuries on his left ear.
He recounted that he was again arrested and detained by the Mbabane police officers from the Traffic Department on July 21, 2016 and in the month of August 2019 after being waylaid at his place of residence in the city of Mbabane. “During these two occasions, the plaintiff was charged with almost similar offences and was also assaulted and detained such that he sustained severe injuries on his body,” stated the plaintiff.
Averred
The plaintiff averred that on the second arrest, he was allegedly denied his right to receive medical attention after the purported assaults occasioned by the police officers. Mkhweli submitted that he was also denied his right to call his attorney and or relatives and was further denied his right to be brought before a court of law. He argued that when the police officers arrested him on July 21, 2019 and in the month of August 2019, they allegedly did do so maliciously without any probable or reasonable cause. “The police officers on both occasions of the unlawful arrest of the plaintiff were acting within the scope and course of their employment. “The plaintiff was released on his own recognisance at the Mbabane Magistrates Court on the first incident of his arrest.
Released
“He was thereafter released on bail of E1 000 and E1 200 respectively on the second and third incident of his arrest,” reads part of the combined summons. It was also highlighted to the court that the arrest of Mkhweli on the three occasions was widely published in the print media such that his reputation as a law enforcement officer was tarnished. He further pointed out that despite that his arrest happened in 2019, he had not been prosecuted up to this date. “As a result of the unlawful and malicious arrest of the plaintiff and unlawful assault by the police officers, plaintiff suffered damages to the amount of E800 000,” submitted the plaintiff. He alleged that despite lawful demand, the defendant had allegedly failed, refused and/or neglected to pay him the damages as claimed. The plaintiff is represented by Senior Lawyer Sabelo Bhembe of Bhembe Attorneys in Mbabane.
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