…as he files M252k lawsuit over assault
Kabelo Masoabi
A 59-year-old Leribe resident, Mosiuoa Khaka, has filed a M252,310 lawsuit in the High Court, claiming he was unlawfully assaulted by police officers at St. Monica’s Police Station in March 2024.
Mr Khaka has named Police Commissioner Advocate Borotho Matsoso, the station’s officer commanding Superintendent ’Mamarumo Matela, and the Attorney General Adv Rapelang Motsieloa KC as the first to third respondents, respectively.
His claim includes M200,000 for unlawful assault, M50,000 for loss of amenities of life following a fractured forearm, M2,000 for shock, pain and suffering, M100 for contumelia, and M210 for medical expenses.
Testifying before Justice Itumeleng Shale this week, Mr Khaka, a motor vehicle repairer, said he had reported himself to the station on a Sunday morning after being summoned over a domestic dispute at his Ha Chaka, Joalaboholo home.
He alleged that upon arrival, a police officer became hostile, accused him of abusing his wife, and threatened to detain and assault him. “He said he was going to kick me until I ‘poop’,” Mr Khaka told the court.
According to his testimony, he was ordered into a room and forced to squat on tiptoes for an extended period while holding a sheet of paper. When he grew fatigued, he said, officers beat him with a stick on his elbows and ribs.
Mr Khaka further testified that he attempted to escape when one officer briefly stepped out, running toward St. Monica’s Health Centre. He described leaping over the clinic fence but falling into a dense, thorny thicket where he became trapped.
A security guard at the clinic, Ramaisa Ramatšella, reportedly warned him to stop running, saying the pursuing officer might shoot. Realising the danger, Mr Khaka surrendered and was taken back to the station, where he alleges the assault worsened.
He said two officers struck him while he lay face down, hitting him from his thighs up to his shoulders, fracturing his forearm while he tried to shield himself. His wife and her sister, he added, were outside the room during the incident.
Mr Khaka testified that he was later instructed to return home to release his wife’s belongings. Fearing further mistreatment, he chose not to attend a subsequent police summons and sent his uncle, Lerato Khaka, in his place.
The uncle corroborated parts of the account, testifying that he informed police his nephew could not report due to injury. He claimed that Superintendent Matela initially refused to issue a medical form needed to open an assault case. The form was eventually obtained from district headquarters in Hlotse after escalating the matter to Superintendent Leuoane Thamae.
In contrast, investigating officer Police Constable Semapo denied the allegations of assault. He testified that Khaka injured his forearm while fleeing custody, falling onto a thorny shrub with stones beneath it after jumping the clinic fence.
“He was never assaulted in any manner,” PC Semapo said, claiming the plaintiff fled while officers awaited the arrival of his wife and reminded him of a prior assault case against her. He argued that the lawsuit was based on false testimony and should be dismissed.
The officer also highlighted Mr Khaka’s alleged history of domestic abuse and pending gender-based violence cases in the Tsikoane Local Court.
During cross-examination, defence counsel, one Adv Ketsi, questioned whether officers had ever encountered suspects tortured or fatally exhausted during questioning. PC Semapo said that in his 20 years of service, he had never seen such incidents, firmly denying any assault at the station.
Adv Ketsi further suggested that police officers may protect each other in cases of alleged assault, referencing the refusal to issue a medical form. PC Semapo maintained that if any assault occurred, it was elsewhere, not at St. Monica’s Police Station. He explained that medical forms are issued to those reporting injuries and must be completed by a medical practitioner before being returned to the police station to facilitate case opening.
St. Monica’s Health Centre security guard, Ramaisa Ramatšella, testified that he saw Mr Khaka fall into a thorny thicket after being pursued and helped pull him out before officers returned him to the station. He added that Mr Khaka’s uncle later approached him, asking him to testify in court.
Justice Shale has ordered a site visit to the health centre to inspect where the alleged fall occurred. Proceedings continue
