Mbabane – The High Court has ordered the police and Government to pay E380 000 in damages to a man who was unlawfully arrested, detained and tortured by police officers who allegedly sought to force him to confess to stealing tractor parts.
Justice S.M. Masuku ordered the National Commissioner of the Royal Eswatini Police, the Government of Eswatini and the Attorney General to jointly pay Sandile William Hlongwane the compensation following a judgment on damages delivered on October 14, 2026.
The award comprises E180 000 for unlawful arrest and detention and E200 000 for pain and suffering arising from assault and torture while Hlongwane was in police custody.
The defendants were also ordered to pay interest at 9% per annum on the E380 000 from the date of judgment until final payment, as well as legal costs for both the liability and damages hearings.
In the judgment, the court found that Hlongwane had been subjected to a suffocation technique in which police officers allegedly restrained him on a wooden bench, handcuffed his hands beneath it and placed a plastic bag over his head and mouth.
Hlongwane testified that the officers assaulted him and threatened to continue torturing him until he disclosed the whereabouts of tractor parts they suspected he had stolen from a man identified as Ngwenya.
He said the officers instructed him to strike the bench with his handcuffs when he was ready to provide information. He was eventually rescued by a policewoman who entered the interrogation room and called for the officers to untie him and remove the plastic bag.
The court found that the torture was intended to extract a confession and constituted a gross violation of Hlongwane’s constitutional rights to dignity, freedom and security of the person, as well as freedom from torture and cruel, inhuman or degrading treatment.
Justice Masuku described the use of the so-called “donkey” or bench-and-tubing method as abhorrent, stating that there could be no justification for the practice.
The court also found that Hlongwane’s arrest and detention were aggravated by the manner in which he was transported to his parental homestead at Ka-Ndzangu while handcuffed at the back of a police van.
According to the judgment, the handcuffs prevented him from balancing as the vehicle travelled over speed humps at high speed, causing him to be thrown around inside the van.
Upon arrival, Hlongwane was made to alight while still handcuffed in front of his family and members of his community. The police had called community members to identify him during a pointing-out exercise linked to the suspected theft.
The court rejected the defendants’ argument that the arrest had been conducted professionally and without humiliation. It found that parading Hlongwane before his family and community in circumstances suggesting he was a thief was demeaning.
The judgment further noted that Hlongwane had repeatedly asked police officers to provide an inventory of the tractor parts allegedly stolen from Ngwenya, but they failed to do so on three occasions.
The court considered this failure significant, finding that it demonstrated improper and malicious conduct in the manner the investigation was pursued.
Although Hlongwane had been detained for approximately 21 hours, the court held that the period of deprivation of liberty had been aggravated by the torture and public humiliation.
In assessing compensation, the court considered previous awards in similar cases, the circumstances of the arrest, the treatment Hlongwane endured and the need to account for the declining value of money.
The defendants had argued that E30 000 would be reasonable compensation for the unlawful arrest and detention, while disputing the extent of the pain and suffering claimed. They also argued that Hlongwane had not produced a medical report to establish the extent of his injuries.
The court rejected the argument that the absence of a medical report meant Hlongwane had failed to prove his suffering. It relied on his testimony and corroborating evidence from a witness who observed him handcuffed, distressed and bleeding from the nose.
The court had previously ruled on June 4, 2026, that Hlongwane’s arrest and detention were unlawful and that he had been assaulted and tortured by Constable Detective Shiba and Constable Detective Tsabedze while they were acting in the course and scope of their employment.
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