Corrupt police officers are costing taxpayers dearly. This time, in the case of two SAPS members subjecting two women to a nightmare ordeal and extorting a bribe from them.
It was second time lucky for Helga Muller and her friend, Yolandi Bell, after the lower court had turned down their damages claim.
On appeal to the Gauteng High Court, Pretoria, Judge Anthony Millar, in a judgment concurred with by Deputy Judge President Aubrey Ledwaba and another judge, found that the minister was liable for the damages suffered by the women.
During the evening of April 27, 2017, the appellants were driving in a vehicle in Centurion. They were pulled over by SAPS members.
Muller testified that she had been the driver of the vehicle and Bell was a passenger. They had been on their way home that evening. While driving, she had noticed a police vehicle behind her that had its brights on.
She had put her hazard lights on to signal to them to switch off the bright lights as she could not look in her mirrors as their lights were blinding her.
The bright lights on the police vehicle had then been switched off and the blue lights switched on.
She had pulled her car over to the side of the road and remained in the car. Two police officers had approached them.
The female officer had told Muller to take a breathalyser test and after administering the test, told her that she was over the alcohol limit.
Muller had been told that she would have to go with the officer in the police vehicle and that the male police officer would drive her vehicle with Bell inside it.
The female officer had grabbed Muller by the arm and forcefully pulled her towards the police vehicle.
She said the officer drove recklessly, through red traffic lights. She had then informed her that they would not be going to Lyttleton police station because it was full and would be taken to Sunnyside police station instead.
They had later told Muller that she had to post R6 000 bail, but in order to avoid being taken to Sunnyside police station, Muller had to give her R6 000.
Muller had told her that she was not prepared to pay a bribe and the officer informed her that if she did not, she would be locked up.
The officer had then reduced the “bail” to R2 000 and pulled the vehicle over.
The officer had said Muller had to go to an ATM to get the money and that she and her colleague would release Bell only once they had the money.
When Muller had returned with the money, she was told to put the money in the cubbyhole of the SAPS vehicle.
The female officer had then given her her keys and told her to go home.
Muller had refused. She testified that she had feared that once she got behind the wheel of her vehicle, she would be subjected to the same treatment again.
She had asked the police officer to drive her home. Bell had remained in her car as the male officer followed them.
Muller testified that she and Bell had been detained for about four hours.
She said the incident had traumatised her.
“I do not think I will ever be able to phone the police if anything else ever happens to me. I do not trust that system at all anymore.”
Bell told a similar story. The police closed their case without calling a single witness.
Judge Millar said the evidence established that two police officers on patrol had stopped the appellants.
Muller had been arrested and Bell detained.
It was also clear that payment had been extorted from Muller.
It was obvious and undisputed that throughout the course of events, the officers had represented themselves as police officers, exercised police powers of arrest and detention and arrested and detained Muller and Bell respectively, before escorting them home.
Judge Millar ordered that the minister pay Muller R102 000 in damages and Bell R70 000.
The Mercury