A man whose neck was broken during an arrest for possession of dagga in 2006, is suing the government for R7-million in the Cape High Court.
Christiaan Kansanga's case against the Minister of Safety and Security got under way in court this week, with medical professionals giving evidence that severe damage had been done to Kansanga's neck during an arrest on March 6, 2006.
Kasanga's lawyer, Martin Skovgaard-Petersen, said Kasanga had been unable to work since the incident because he had "wobbly legs" and he could only walk for between "300 and 500 metres". He also had a "hanging" right arm, Skovgaard-Petersen said.
Kasanga was 29 at the time of his injury.
He said the amount Kasanga was suing for totalled nearly R7-million and included loss of earnings, general damages, as well as future needs which included the costs of assistance, therapy, equipment and any medical treatment he would require as a result of the injury.
In an affidavit made by Kasanga following the arrest, and read out during court proceedings on Thursday, Kasanga alleged that around 9pm on March 6, 2006, he had been walking in Vredendal when a police van had pulled up alongside him.
He said he had walked towards the back of the van when one of the policemen climbed out of the vehicle.
He said he was grabbed by the neck and his head pushed down.
One police officer had grabbed him by his right arm, and the other had grabbed his left arm and both officers pushed down together.
Kasanga stated one of the men sat on his buttocks while his face was pushed into the ground.
He then heard a "klap geluid" or clapping sound and felt an intense burning sensation in his neck and felt his lower body was lame.
The two police officers involved, Constable Randal Scheffers and Inspector Jacob Van Nieuwholtz, said in their affidavits they had been on patrol when they spotted Kasanga. They asked him where he was going and he ran away. Their affidavits state they noticed him throwing something away, which they believed was dagga, and gave chase. One of the men grabbed the rucksack on Kasanga's back, causing him to fall forwards.
The men stated Kasanga had lost consciousness and they then loaded him into the police van. When he regained consciousness at the police station, Kasanga told them he had no feeling in his lower limbs and he was transported to hospital.
Renata Wilson, for the Minister of Safety and Security, said it would be the police officers' testimony that Kasanga had fallen when his backpack was grabbed and no pressure had been put on his neck. He had been "wriggling" and attempting to escape when the two men had attempted to bring his hands behind his back to handcuff him and the two officers had no "inkling that a neck had been broken during the arrest".
Wilson said the arrest had been routine, as laid out in the South African Police Service's training manual, and excessive force had not been used.
Medical expert Dr Johan van der Spuy testified that damage at several sites along Kansanga's spine had been noted, most notably damage had been done to the fifth and sixth vertebrae and there was damage and swelling in the soft tissue of the vertebral canal.
Van der Spuy testified that these were the result of a severe flexion force (the force created when pushing the head downwards towards the chest) and a severe extension force (created when pushing the head backwards on the neck to look upwards).
He said significant pressure would have been applied in order to inflict these injuries.
In response to numerous questions from Wilson regarding the likelihood of the injuries resulting from a fall, Van der Spuy said it was "extremely improbable" such an injury could result from a fall on to a flat surface.
Questioned by Wilson as to why no bruising was evident anywhere else on Kasanga's body, Van der Spuy said it was "of no importance whatsoever" that there was no bruising and this could have been the result of the arrest being effected on a patch of grass, which would have provided some form of cushioning.
He also stated a pre-existing narrowing of Kasanga's spinal canal would not have made him more susceptible to a neck injury.
Asked why in all the thousands of arrests made by police officers monthly, only Kasanga's neck was broken, Van der Spuy responded that he could only surmise that in this instance "the mechanics of the arrest" were not standard procedure.
Van der Spuy's claims were backed up by orthopaedic surgeon Dr Jonathan Driver-Jowitt, who stated that the "extensive injuries" would have required "considerable" force to inflict.
He said it was "exceedingly unlikely that this injury would have resulted from a fall on a horizontal surface".
The case will continue on Monday when the defence team will cross-examine Dr Driver-Jowitt.
- Cape Argus
Christiaan Kansanga's case against the Minister of Safety and Security got under way in court this week, with medical professionals giving evidence that severe damage had been done to Kansanga's neck during an arrest on March 6, 2006.
Kasanga's lawyer, Martin Skovgaard-Petersen, said Kasanga had been unable to work since the incident because he had "wobbly legs" and he could only walk for between "300 and 500 metres". He also had a "hanging" right arm, Skovgaard-Petersen said.
| Kasanga was 29 at the time of his injury |
He said the amount Kasanga was suing for totalled nearly R7-million and included loss of earnings, general damages, as well as future needs which included the costs of assistance, therapy, equipment and any medical treatment he would require as a result of the injury.
In an affidavit made by Kasanga following the arrest, and read out during court proceedings on Thursday, Kasanga alleged that around 9pm on March 6, 2006, he had been walking in Vredendal when a police van had pulled up alongside him.
He said he had walked towards the back of the van when one of the policemen climbed out of the vehicle.
He said he was grabbed by the neck and his head pushed down.
| The men stated Kasanga had lost consciousness |
Kasanga stated one of the men sat on his buttocks while his face was pushed into the ground.
He then heard a "klap geluid" or clapping sound and felt an intense burning sensation in his neck and felt his lower body was lame.
The two police officers involved, Constable Randal Scheffers and Inspector Jacob Van Nieuwholtz, said in their affidavits they had been on patrol when they spotted Kasanga. They asked him where he was going and he ran away. Their affidavits state they noticed him throwing something away, which they believed was dagga, and gave chase. One of the men grabbed the rucksack on Kasanga's back, causing him to fall forwards.
The men stated Kasanga had lost consciousness and they then loaded him into the police van. When he regained consciousness at the police station, Kasanga told them he had no feeling in his lower limbs and he was transported to hospital.
Renata Wilson, for the Minister of Safety and Security, said it would be the police officers' testimony that Kasanga had fallen when his backpack was grabbed and no pressure had been put on his neck. He had been "wriggling" and attempting to escape when the two men had attempted to bring his hands behind his back to handcuff him and the two officers had no "inkling that a neck had been broken during the arrest".
Wilson said the arrest had been routine, as laid out in the South African Police Service's training manual, and excessive force had not been used.
Medical expert Dr Johan van der Spuy testified that damage at several sites along Kansanga's spine had been noted, most notably damage had been done to the fifth and sixth vertebrae and there was damage and swelling in the soft tissue of the vertebral canal.
Van der Spuy testified that these were the result of a severe flexion force (the force created when pushing the head downwards towards the chest) and a severe extension force (created when pushing the head backwards on the neck to look upwards).
He said significant pressure would have been applied in order to inflict these injuries.
In response to numerous questions from Wilson regarding the likelihood of the injuries resulting from a fall, Van der Spuy said it was "extremely improbable" such an injury could result from a fall on to a flat surface.
Questioned by Wilson as to why no bruising was evident anywhere else on Kasanga's body, Van der Spuy said it was "of no importance whatsoever" that there was no bruising and this could have been the result of the arrest being effected on a patch of grass, which would have provided some form of cushioning.
He also stated a pre-existing narrowing of Kasanga's spinal canal would not have made him more susceptible to a neck injury.
Asked why in all the thousands of arrests made by police officers monthly, only Kasanga's neck was broken, Van der Spuy responded that he could only surmise that in this instance "the mechanics of the arrest" were not standard procedure.
Van der Spuy's claims were backed up by orthopaedic surgeon Dr Jonathan Driver-Jowitt, who stated that the "extensive injuries" would have required "considerable" force to inflict.
He said it was "exceedingly unlikely that this injury would have resulted from a fall on a horizontal surface".
The case will continue on Monday when the defence team will cross-examine Dr Driver-Jowitt.
- Cape Argus
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