Brutal ordeal at cops' hands

Samukelisiwe Shezi will never forget the night two Durban metro police officers brutalised her.

She was punched, kicked, derided for being black and called a k****r by the officers.

"There is something that stays with me. It was like being tortured. Even though it was only a few seconds, it felt like an eternity to me," she said.

But, at least, Shezi will get some recompense. Last week, the Durban High Court found the eThekwini Municipality, which employs the officers, was 100% liable for her ordeal.

Shezi, a sports promoter, could be awarded as much as R500,000 in damages.

According to papers filed in the court, Shezi had been in her car with two friends in Pinetown when they were confronted by two officers.

While one trained his gun on Shezi, the other allegedly punched her in the face.

"Upon being punched, Shezi fell down and the police officer began kicking her while she was lying on the ground. While kicking her the policeman uttered that he could not understand whether or not she was a man or a woman and said she and her passengers were k****rs," the papers read.

Shezi said: "I still don't know why they did that to me and, unfortunately for me, we will never know their true motivation.

"I now carry with me this inherent fear of the police, because some of them use powers that are not entitled to them. Especially the white ones."

She took her fight to the high court, seeking damages of R500,000 for physical injuries, mental anguish, humiliation, indignity and embarrassment.

Judge Jacqueline Henriques found Shezi's testimony was augmented by that of her two passengers, one of whom was called to testify by the municipality's legal team.

"[eThekwini Municipality] led the evidence of Mr Malinga and the two metro policemen. But for calling Mr Malinga to testify on its behalf, the court would have been faced with two diametrically opposed versions of the evening's events," she said in her judgment.

"The defendant [eThekwini Municipality], in the conduct of its case, made matters simple for the plaintiff [Shezi]."

Acting Metro Police head Steve Middleton told The Times that disciplinary action was being taken against the officers.

"The disciplinary process is under way," he said.

The matter was adjourned with no return date to determine costs.