Get more Mail & Guardian
Subscribe or Login

Cape jogger cable-tied ‘for his own safety’, say Mthethwa’s lawyers

Court papers have been filed in the Cape Town high court on behalf of Police Minister Nathi Mthethwa, reported the Sunday Times.

Political science student Chumani Maxwele is suing the state for R1.4-million for wrongful arrest.

After his arrest while jogging on the M3 highway towards the University of Cape Town in February 2010, Maxwele was bundled into a police VIP protection vehicle, hooded and had his hands tied behind his back. The 25-year-old ­jogger was held in police custody for 24 hours and interrogated by intelligence agents about his ANC affiliations. He was forced under duress to write a letter of apology to Zuma.

"The rifle bag was placed on [Maxwele's] head so as to eliminate the possibility of him seeing the route that the president uses to get to his residence," lawyers for Mthethwa reportedly said in the court papers.

"This was done purely as a security mechanism."

The Sunday Times reported that, according to the state lawyers, Maxwele's hands were also cable-tied behind his back for "his own safety".

"He was being transported in a vehicle occupied by members of the SA Police Service, who had equipment and firearms in their possession and which were in close proximity to [him]."

According to paper, Maxwele said in his papers that his arrest — after which he was made to spend a night in jail dressed in running shorts and a vest — was a "clear case of bullying".

The newspaper reported that in July 2011 the SA Human Rights Commission ruled that a number of Maxwele's rights had been violated. Although it found that Mthethwa should apologise to Maxwele, he had not yet done so.

"An apology means a lot because it exonerates me," Maxwele told the Mail & Guardian last year. "This is a straightforward case, but by dragging out this matter the minister appears [to be] protective of those police officers who have done wrong."

Mthethwa was reportedly seeking to take the finding on review, and the matter had been placed on the roll of Johannesburg high court for June 4 to set a trial date. – Sapa

Subscribe to the M&G

Thanks for enjoying the Mail & Guardian, we’re proud of our 36 year history, throughout which we have delivered to readers the most important, unbiased stories in South Africa. Good journalism costs, though, and right from our very first edition we’ve relied on reader subscriptions to protect our independence.

Digital subscribers get access to all of our award-winning journalism, including premium features, as well as exclusive events, newsletters, webinars and the cryptic crossword. Click here to find out how to join them and receive a 40% discount on our annual rate..

Sapa
Guest Author

Related stories

Advertising

Subscribers only

Q&A Sessions: Zanele Mbuyisa — For the love of people-centred...

She’s worked on one of the biggest class-action cases in South Africa and she’s taken on Uber: Zanele Mbuyisa speaks to Athandiwe Saba about advocating for the underrepresented, getting ‘old’ and transformation in the law fraternity

Update: Standard Bank rejects climate proposal

Climate considerations are pressing Standard Bank shareholders to push for the recusal of those with fossil fuel ties.

More top stories

Wildlife farming vs Creecy’s panel

The departments of environment and agriculture legislation are at odds over modifying the genes of wild animals

Drugs and alcohol abuse rage in crime stats

Substance abuse has emerged as a reason for the spike in crimes during the first quarter of 2021.

UPDATE: Magashule tries to tip the scales on Ramaphosa in...

The suspended secretary general argues that the rules the party relied on to sideline him are invalid but those informing his attempt to suspend the president are lawful

Modack charged with Kinnear murder

Nafiz Modack is the second person to be charged with killing Charl Kinnear and five others are accused of conspiracy to commit murder, among 61 other charges
Advertising

press releases

Loading latest Press Releases…
×