Durban - Umkhonto we Sizwe Military Veterans Association(MKMVA) spokesperson Carl Niehaus plans on suing the state for wrongful arrest, saying the move in July last year at Estcourt, in the KwaZulu-Natal Midlands, amounted to an abuse of power.
In a media statement released Tuesday, the MKMVA spokesperson indicated that he had sought legal representation in order to pursue the action against the state.
He labelled his arrest outside the Estcourt prison a travesty of justice and an abuse of power, ‘which had been witnessed by the entire nation’.
Niehaus, a known supporter of former president Jacob Zuma and suspended ANC secretary-general Ace Magashule, said he had gone to the correctional facility to check on the former president, who had been sentenced to a 15-month term when he got arrested.
The MKMVA spokesperson complained that following the arrest, he had gone through great costs, having to travel between Gauteng and Estcourt in order to attend his court case, which was thrown out of court this week. “I thank the magistrate for her courage to carry out her duties without fear or favour. It is good that we still have officers of the court that do not allow themselves to be intimidated or captured,” said Niehaus.
He indicated that he would file the charges against the State immediately.
“I have, therefore, consulted with Advocate Dali Mpofu(SC), and I am grateful that he has accepted to act on my behalf in order to sue the state for wrongful arrest and malicious prosecution,” Niehaus continued.
He said the past experiences had strengthened his resolve to fight for the struggle for liberation.