A former employee at Royal Security, arrested at the behest of her boss, Roy Moodley, has successfully sued the SAPS and National Prosecuting Authority (NPA) for unlawful detention and malicious prosecution.
Moodley, a prominent racehorse owner, is a known benefactor and friend of former president Jacob Zuma.
In a recent ruling, Durban regional court magistrate Stanley Gumede ordered they pay R320,000, plus costs, to Yarnall Munsamy for the “dramatic and reckless” way in which she was treated by both the police, including investigating officer Col Reuben Govender, cluster commander at Durban North/Phoenix police stations, and unnamed prosecutors.
“The conclusion is inescapable that the complainant (Moodley) was allowed to bring pressure to bear on the police, Govender in particular, and in turn Govender brought pressure to bear on prosecutors,” Gumede said.
Munsamy, an accounts clerk, and five other staffers were arrested in February 2011 in what she said was a “witch hunt” to determine who was responsible for millions of rand apparently missing from the company.
She appeared in court more than 10 times before the matter was set down for trial. She was acquitted in January 2015 without having to give evidence.
In her civil summons she said she was arrested by police officers working for Govender after Moodley “used his influences” over the police officer.
When she appeared in court to apply for bail, Moodley sat in the back of the courtroom. In his evidence, her husband said Moodley raised his finger to gesture another nought when the prosecutor suggested bail of R2,000 and it was then set at R20,000.
In his judgment, Gumede said Munsamy had been arrested, without a warrant, at 8am and detained until 4pm.
He noted an “absence of evidence” in the docket and that Munsamy had come to the police station of her own volition with her husband, who was a police officer stationed there.
“There was no reason why she was not allowed to go to court on her own. It would have been less invasive,” he said.
After Munsamy appeared in court in Phoenix, charged with fraud, the docket was handled by the Verulam control prosecutor, who directed that the matter be taken to the Commercial Crime Court.
There, the specialist prosecutor indicated surprise that the matter was enrolled at all, given the lack of objective evidence against the suspects.
“He expressed the opinion [on the docket] that the matter ought to be removed from the roll and that further investigations needed to be conducted,” the magistrate said.
“Reuben Govender received the docket and wrote that the directive had been noted and would be adhered to.”
Instead, the magistrate said, in defiance of the instruction, Govender had a meeting with Moodley and then directed the prosecutor at Phoenix court to remand the matter for a regional court date.
The trial took four years. After five of the accused, including Munsamy, were acquitted, Govender noted on the docket that “there was overwhelming evidence against all accused in this matter” and asked that the matter be sent for review “because the doctrine of common purpose applies”.
Gumede said: “This again was in complete defiance of the rule of law and the independence of the courts. He was now prepared to defy the judgment of the court instead of extending an apology to Munsamy.”
Turning to the issue of damages, the magistrate said Munsamy had been humiliated by having to report to the police station every Saturday.
“Neighbours came to know about the court case. She only found another job in 2017. I was presented with newspaper cuttings carrying reports on the trial. She is mentioned as being part of a syndicate that stole R5m from her employer. She was subjected to prosecution through the media.”
He said the violation of women’s rights continued to haunt SA.
“This case is a typical example of men acting in a cruel manner against women. I am actually baffled that nobody decided to review the order that she had to report to the police station every Saturday. Why was it necessary to humiliate her further by parading her at the police station, an indication that the case against her was so strong that she was likely to abscond, when she was the wife of a police officer who had two young children.”
Gumede said South Africa needed independent law-enforcement agencies. “It is even more imperative, because of the scourge of corruption, that the police and the NPA are kept independent of each other.”
Munsamy’s attorney, Leon Dunn, said: “It has been almost 10 years in the waiting for justice to be served. This brings some closure for my client, but nothing can undo the trauma and pain. Sadly, the same policemen continue with their lives and jobs like nothing happened. Not even an apology.”
SAPS and the NPA declined to comment on the judgment.
Approached for comment, Moodley said: “If the magistrate thought I had influence, he should have called me to clarify that. He did not hear my side of the story.
“You don’t need influence if you have evidence. And the criminal matter should have been taken on review.”
He said he could not recall if he had been present at the bail hearing, but he would never have gestured in court. “You can’t do things with your fingers when court is in session and the magistrate is sitting there.”