FARMERS DEMAND E9.2M FOR UNLAWFUL ARREST

MBABANE – A group of five sugar cane farmers of Vuvulane, who were arrested for theft farming equipment and tools, whose charges were later withdrawn, are suing the police for a total sum of E9.2 million.

The farmers are Mphisi Dlamini (80) of Lavumisa, William Mkhaliphi (82) of KaShoba, Philemon Maseko (45) of Khuphuka, Nhlanhla Mazibuko (28) of Dvokolwako and Msolwa Dlamini (66) of Vuvulane.
Each of the farmers demands a sum ranging from E1 713 000 to E1 924 889.15, and the total amount they want to be compensated with is E9 200 667.45.

 They alleged that they suffered damages for unlawful arrest and detention, deprivation of personal liberty, discomfort and loss of farming equipment.
Mkhaliphi, Msolwa and Mpisi are each demanding compensation in the sum of E1 924 889.15, while Maseko and Mazibuko want to be paid E1 713 000 each.

The quintet was arrested in 2013 and they were charged with theft. They were accused of stealing various mechanical items which were in the care of Lindelwa Magagula, who was the Deputy Master of the High Court. The items included tractors and tractor parts, water pump engines and tools.

The items, as they appeared in the charge sheet, were valued at E1 718 000. The theft is alleged to have been committed at Vuvulane VIF Company Yard between May 20, 2013 and October 22, 2013. Two counts of theft were preferred against the farmers.
One of the farmers, Mpisi, alleged that Tshaneni police preferred false charges of theft against them on May 2013 and November 5, 2018.

The veracity of these allegations is still to be tested and the government is yet to respond to them.
The farmers have engaged Leo Ndvuna Dlamini of S.A. Nkosi Attorneys, to represent them in the matter.

Mpisi said when the police charged them, they had no reasonable or probable cause for doing so, and that they allegedly did not have any belief in the truthfulness of the information they gave. “As as result of defendant’s aforesaid conduct, the plaintiff was arrested and held in custody for10 days until he was prosecuted for theft in the Simunye Magistrates Court, and the charges were duly withdrawn by the Crown on October 23, 2018,” alleged Mphisi.

All the five farmers filed two claims, each for unlawful arrest and malicious prosecution. The farmers were allegedly kept at Big Bend Correctional Services for 10 days at the instance of the police, who were acting within the scope of their employment as members of the Royal Eswatini Police Service.

They have attached to their papers, a copy of a document confirming the withdrawal of the charges. The charges were formally withdrawn by the prosecution before Magistrate Dumisani Magagula on October 23, 2018.

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