A damages claim of almost R1,4-million, instituted by Gaye Derby-Lewis against Safety and Security Minister Charles Nqakula for her alleged unlawful arrest more than five years ago, was postponed indefinitely in the Pretoria High Court on Wednesday.
Derby-Lewis, the wife of one of South African Communist Party leader Chris Hani’s murderers, Clive Derby-Lewis, claimed in court papers she was not only arrested without a warrant and without good cause, but was also kept in custody for three days, ”maliciously” prosecuted and humiliated.
She claimed a task force of about 15 police members had swooped into her home in November 2002 after gaining entry illegally by climbing over a wall and fence.
They also broke the locks, kicked down a door and kicked over two prized Swazi pots.
She claimed her personal rights were violated when she was arrested without a warrant, causing her not only a loss of physical freedom, but also affecting her honour and dignity and her right to a good name.
She claimed the arrest, her detention in the police cells at the Brooklyn police station and subsequent trial had also resulted in pain, suffering, emotional shock, stress and depression, for which she had to receive treatment.
Derby-Lewis was arrested as part of a huge police operation that followed in the wake of a spate of bombings, blamed on the right wing.
Police seized five firearms and ammunition at her house during the raid, including two revolvers and three muzzle-loaders dating from the Anglo-Boer War.
Derby-Lewis insisted she had licences for the weapons, and did not need licences for some of them.
She was charged with the illegal possession of firearms and ammunition, but was eventually acquitted after a much-publicised public trial.
The police in court papers admitted that Derby-Lewis was arrested, but denied that it was by 15 police members.
They further insisted that she had been arrested on the reasonable suspicion that she had committed offences in terms of the Arms and Ammunition Act and after failing to produce licences or permits for the firearms and ammunition. — Sapa