The arrest of SBV officer Kolobetso Isaac Mphasha in connection with a missing cash bag destined for the Reitz Spar ATM has been declared unlawful by the Gauteng High Court in Pretoria.
Mphasha sought damages from the Minister of Police following the incident, which occurred on 25 August 2017 in Watloo, Pretoria. On 28 May 2024, Mphasha approached the court, asserting that his arrest lacked the necessary legal basis.
He testified that on the day of the incident, he was employed by the SBV stationed in Watloo in Pretoria, with his duties being to load cash into ATMs. His evidence of the events on 25 August 2017 is that he was in a team meeting, and as they put their armory of bullet proof vests and firearms that morning, management called him into the office.
His colleagues fetched the money bags as he went to management. They called him through the radio informing him that they were done and ready, after which he went down the stairs and found them already in the car in the street waiting for him. Their first trip was in Forest Hill Shopping Centre where they had to drop off cash at Spar. They were proceeding to Reitz Spar when they learned that the bag for the ATM was missing. He then took his cellphone called the head office and informed them about the situation. They were all instructed to return.
On arrival they were disarmed, made to write statements about what happened. He was asked that in his capacity as a custodian who was supposed to sign for the bags, to which he replied that another colleague was also a custodian for the day. He was then asked if he was present when they received papers from treasury to sign for the bags; his reply was that he was not present at that time as he was with management and that as he returned, he did not check if the number of bags accord with the entries on the papers or documents.
He testified he and his team were kept in the premises and informed that the police were on their way. They were then arrested and taken to Silverton Police Station where they were detained and released on the Monday. He was then suspended by SBV until November of 2017, when he returned to work again. He left early in January of 2024 of his accord.
Cross-examination revealed that prior to the day of the incident he had been employed at the SBV for seven years. He was asked that if prior to the incident, if there had been any instance where the cash bags were loaded into the van in his absence, and he replied in the negative. He stated that on that day of the incident it was done in his absence because the shift had not changed hands.
He testified that he was due to take over from the treasurer custodian from the previous shift, but the handover of shift had not been completed. He denied signing for any of the bags, stating that he was at that specific time with management. His evidence was that he did not take over the shift before or after he was called by management that morning.
The Gauteng Division of the High Court, Pretoria. Picture: File
The court heard testimonies from three police witnesses, including Constable Nomsa Lina Mndawe, who detailed her involvement in responding to an alleged theft complaint regarding missing cash bags from a security operation. Mndawe recounted that a complainant identified four individuals, including Mphasha, as suspects after seven bags of cash were reportedly signed for by them, leading to their immediate arrest. However, under intense cross-examination, it was revealed that both Mndawe and fellow officer Mulalo Makondo did not verify crucial details such as who specifically signed for the bags or the authenticity of the complainant’s claims.
Notably, despite having access to only two signatures documented in the evidence, the officers nonetheless proceeded to arrest all four suspects, including Mphasha. Detective Daphney Nkosi’s testimony further complicated the case. She acknowledged that the charges against the Mphasha were dropped due to insufficient evidence after noticing issues with the documentation.
In the judgment, the court emphasised the necessity for a thorough investigation before an arrest can be justified, referencing established legal principles regarding the basis for reasonable suspicion according to South African law. In light of the presented evidence, the judge concluded that the officers failed to form a reasonable suspicion before proceeding with the arrests.
Ultimately, the court ruled in Mphasha’s favour, declaring the arrest unlawful and affirmed that he was entitled to compensation for the damages incurred as a result of the wrongful arrest and detention. However, the quantum of damages will be determined at a later date.
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