The Gauteng High Court in Pretoria has ordered the Minister of Police to pay R420,000 in damages to Salthiel Langa and R490,000 to his wife, Zanele Langa, following their traumatic encounter with police officers in October 2020. The couple was unlawfully arrested, detained, and assaulted by members of the South African Police Service (SAPS), an incident that has left them suffering from post-traumatic stress disorder. The damages awarded are a result of claims for unlawful arrest, detention, and assault, after the pair endured a harrowing experience involving pepper spray, false charges, and an unjustified arrest.
The ordeal began when the Langas were stopped by three police officers while driving on Moloto Road. The officers, led by Constable Tumishi Aphane, claimed that Salthiel was driving recklessly. According to Aphane, when he attempted to arrest Langa, the situation escalated, with Langa allegedly becoming violent and pushing the officer. Aphane testified that he applied minimal force and used pepper spray to subdue Langa before handcuffing him and placing him in a police van. Zanele Langa, who tried to assist her husband, was also pepper sprayed after she attempted to stop the arrest by holding onto an officer’s leg.
The couple was arrested without a warrant and taken to Kameeldrift Police Station, where they spent a night in a holding cell. Despite no evidence of any criminal activity, the charges against them were eventually withdrawn after six months, during which time the couple was forced to face court proceedings that never went forward. Both Salthiel and Zanele Langa maintained that there was no reasonable suspicion of wrongdoing, and they alleged that the arrest was prompted by their refusal to pay a bribe to the officers. The couple claimed that Constable Aphane had demanded a R300 payment to avoid going to jail, which they refused.
Judge Portia Phahlane, who presided over the case, accepted the couple’s version of events as credible and severely criticized the conduct of the officers involved. She directed that a copy of her judgment be sent to the Independent Police Investigative Directorate (IPID), the Minister of Police, and the police commissioner for further investigation into the actions of the three constables. The officers, who denied any wrongdoing, were also challenged by the court over their questionable handling of the incident, including why no traffic ticket was issued. Aphane explained that they did not issue tickets because Moloto Road was notorious for accidents, and any incidents involving reckless driving were automatically referred to the Cullinan Magistrate’s Court.
In a further disturbing twist, it was revealed during the trial that Constable Lucia Dibeila, who had been involved in pepper spraying Zanele Langa, had insulted her with vulgar language while trying to seize her phone. The wife had attempted to record the incident on video, but Dibeila, after taking control of the phone, was unaware that the footage had already been captured. The video was presented in court, showing Dibeila using extreme, offensive language. When questioned about her behavior, Dibeila explained that she had been “bored and irritated” by the woman, a response that only compounded the severity of the incident.
The Langas’ traumatic experience has had lasting psychological and emotional effects, forcing them to seek medical and psychological support. Their nightmare ordeal, which included unlawful arrest, physical assault, and verbal abuse, is something they described as unforgettable. The court’s ruling to hold the police accountable is a significant step in ensuring that those responsible for abusing their power face consequences, and serves as a reminder of the need for greater oversight and accountability within law enforcement.
