'Blue light' assault victims strike back with R3m damages claim

“We are instructed to demand that our clients be compensated for the unjust, unconstitutional and unlawful vicious and malicious assault and distress and trauma [they] were unjustifiably subjected to. Accordingly, payment in the amount of R1m each is to be made.” 

This is the letter of demand sent by the lawyers of the three victims of the violent N1 freeway attack in July by members of Deputy President Paul Mashatile's protection detail. 

The claimants — Julian Malan, Lucian Avontuur and Shelene Bezuidenhout — lay out how they were injured, insulted and humiliated in a violent, unprovoked attack captured on film by a passer-by. They have given police minister Bheki Cele a month to cough up the money or meet them in court. 

The eight accused have already been criminally charged and are set to go on trial in May next year. Phineas Molefo Boshielo, Churchill Mpakamaseni Mkhize, Lesibana Aggrie Rambau, Moses Fhatuwani Tshidada, Shadrack Molekatlane Kojoana, Johannes Matome Mampuru, Pomso Joseph Mofokeng and Harmans Madumetja Ramokhonami face 12 charges including assault, pointing a firearm, malicious damage to property, reckless and negligent driving and obstruction of justice. 

According to their claim, Malan, Avontuur and Bezuidenhout were travelling with their colleague L’vaughn Fisher in a VW Polo along the N1 on July 2, heading to the Thaba Tshwane Military Police School in Tshwane. Malan is a SA Navy officer, Avontuur a military student and Bezuidenhout a student at the National Ceremonial Guard. 

Fisher, who was driving, was trying to overtake a black BMW X5 when Avontuur and Malan noticed occupants in the vehicle pointing rifles at them. They demanded Fisher pull over.

“While demanding that they pull over, the occupants in the black X5 had their firearms drawn and unlawfully pointed at our clients for no justified reason at all,” the letter stated. 

Fisher tried to indicate he would pull over when safe to do so as there was traffic around. But the X5 forced him off the road and both vehicles stopped. The Polo was blocked by a second black X5 that pulled up behind. 

The victims claimed they were threatened with pistols and high-calibre rifles by aggressive policemen that exited the X5s. One of them shattered the Polo's rear window with the butt of his R5 rifle. 

Malan was pulled out of the car and beaten till he lost consciousness. Avontuur was slapped across the face and pulled out of the car after managing to loosen his seat belt. He was thrown on the ground, kicked and beaten.

Though Bezuidenhout was not physically assaulted, she was traumatised, “humiliated in public” and feared for her life. 

The security detail then sped off from the scene after one of them threw the keys of the Polo into the bush. The injured victims managed to find the keys and were able to make their way to the military school.

In their demand letter they describe the police action against them as unlawful, intentional, malicious and unjustifiable.

“The SAPS members displayed a total dereliction of both their police and constitutional duties which are owed to our clients and the public ... [They] further failed to prevent our clients from suffering damages and harm to their dignity, and failed to ensure that our clients would be free from all forms of violence from either public or private sources.” 

The victims were said to have experienced severe physical injuries, severe emotional and psychological distress, trauma and were still receiving treatment to cope with their ordeal. 

Citing the police minister and national commissioner, the letter demands that R3m compensation be paid into the Ulrich Roux and Associates trust account.

Should the payment not be received, Roux’s clients reserved the right to “pursue legal action against both the minister of police and the national commissioner of the South African Police Service as well as against the individual members and action will be instituted against all parties identified, jointly and severally, the one paying the other to be absolved”. 

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