A gospel singer, who was spurned by her community and branded a thief after an unlawful police raid on her home, has won a damages claim against the police.
Matshidiso Jeanette Shashape, who lives in Tlakgameng Village in the North West Province, sang, danced and headed a local children’s cultural group. She supplemented her income through the sale of CDs of her work.
Shashape denied any involvement. She said she had bought the strips of meat which police found in her kitchen at an abattoir.Giving evidence in her damages claim before the Mahikeng High Court, she said a week after the raid she had to abandon a performance after members of the audience walked out, “gesticulating by throwing their arms in the air backwards”.
Judge Festus Gura noted that her evidence came to an abrupt end when she became emotional, broke down and cried.He said section 22 of the Criminal Procedure Act prescribed that a warrantless search and seizure was only permissible if there was consent, or if there was reasonable grounds to believe that a warrant would be issued and any delay would defeat the object of the search.
“Her appearance, facial expression, the tone of her voice, her temperament and mood in the witness box tells it all.
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