SAPS to pay R1.8 million for assaulting man over "some police are useless” comment

The words “some police are useless”, spoken by an innocent civilian to a friend, within earshot of police officers, which resulted in his vicious attack, undignified treatment and abuse at the hands of SAPS officials, will cost the taxpayer R1.8 million.

“Their conduct violated the constitutional mandate, which defines their role, and which they ought to embrace with pride,” an acting judge of the Gauteng High Court, Johannesburg remarked. This was after Ramothopo Ratshwene turned to court to claim damages from the police following his harrowing ordeal when he was severely assaulted by some officials who took umbrage at him describing some as useless.

Acting Judge B Ford, in ordering against the police, remarked: “Sadly, their unlawful conduct has now given rise to a delictual claim of considerable financial proportions, which must, most unfortunately, be paid for from an already strained public purse."

The judge added that this judgment intends to achieve several purposes, including to impress on the SAPS officers the importance of their role within the landscape of the country's constitutional democracy.

The judge said it must also encourage the South African public to record police interactions with members of the public, so as to stem the floodgates of abuse that individuals suffer at the hands of the police.

By recording police engagements with the public, as was done in this case, some circumspection may result.

The court further directed the police minister to instruct IPID to conduct a full-scale investigation into the events that transpired at Meadowlands Police Station in Soweto, in relation to this incident.

Ratshwene, an Uber driver, testified that he and a friend came across an accident in Soweto and they stopped to offer help. One of the occupants at the accident scene was a woman who was injured. He accompanied her to the police station, where they did not get any help. They then returned to the accident scene, where he told his friend, “some police are useless.” This was overheard by some of the SAPS officers who stood nearby at the accident scene. The angry officials grabbed him by his private parts and severely assaulted him.

He was taken to the police station, where he was further assaulted and shocked with a taser. The injured Ratshwene was dragged to a cell, and the paramedics later took him to hospital. He was later returned to the cell, and that same morning, he was taken to court, battered and bleeding. He was charged with assaulting a police officer, but nothing came of the charges.

Ratshwene was unable to work as an Uber driver for a few weeks after the assault and lost income as he could not drive while in that state. He eventually had to give up Uber driving as he could not sit for long periods due to his injuries.

He, meanwhile, laid a formal complaint of assault, wrongful arrest and detention as well as for physical trauma against the SAPS with IPID. The matter was last heard at the Orlando police station during February, and the matter continues.

The police, meanwhile, maintained that Ratshwene was the aggressor and said the officers were simply defending themselves. The court rejected this, as video footage presented at the trial shows how Ratshwene was forced into the police van. None of the recordings showed an incident where he assaulted the police officers.