THE Appeal Court in Bloemfontein has reserved judgement in the case of Siphiwe Bethuel Lombo, who is suing the ANC for R6-million, SABC radio reported on Friday.
Lombo is seeking compensation for what he claims was his unlawful imprisonment, assault, torture and detention in African National Congress detention camps. He appealed against a Durban High Court judgment in 2 000 that dismissed his claim.
Lombo was labelled as a spy for the former government and held in ANC detention camps in several African countries from 1986 to 1991.
Lombo contested the court’s decision – not to admit as evidence – three commission reports into conditions at the ANC camps, and its finding: that assaults at such camps were isolated events.
The reports, he said in court papers, were commissioned by the ANC itself to investigate allegations of inhumane treatment meted out by its servants — and should be admitted.
The ANC said the reports were hearsay, contained opinion evidence, and were therefore inadmissible.
Lombo contended the high court erred in finding that certain statements he made were freely and voluntarily given – claiming that he was forced to write a false biography.
He furthermore challenged a finding by the court that the ANC was unable to provide proper food and treatment for its detainees, and should be excused from any liability as a consequence.
He was seeking a ruling that the ANC was malicious, reckless or negligent in failing to put him on trial, and that he was held unlawfully.
In its court documents, the ANC said it was entitled to detain Lombo as a prisoner of war without a trial as he was reasonably believed to be a combatant on the other side of the conflict. They believed he was a spy.
The party said it was not possible to determine whether or not Lombo was indeed assaulted.
Lombo is seeking R2-million from the ANC for unlawful imprisonment, another R2-million for assault and torture, and R2-million for loss of the amenities of life. – Sapa