Police sued for R17,6m

By Karen Breytenbach

Fred van der Vyver, acquitted of the murder of his girlfriend, Inge Lotz, at the end of a long, highly publicised trial last year, is suing the state for more than R17,6-million for malicious prosecution, pain, suffering and loss of income.

Papers declaring his intention to claim compensation were served on the state attorney in Cape Town and the office of provincial police commissioner Mzwandile Petros, as representatives of the Ministry of Safety and Security, on Friday.

The police had alleged Van der Vyver slipped away from work in Pinelands on March 16, 2005, killed Lotz in her Stellenbosch flat and returned to work unnoticed, before clocking out at 6pm. Van der Vyver maintained that he was at work all day. He was arrested two months later and on trial from January until November last year.

According to the particulars of the claim, the Van der Vyver family spent more than R7,6-million on legal fees, R920 000 on the services of forensics experts and R62 000 on lawyers' accommodation. Other administrative costs ran up to R100 000.

Van der Vyver is also claiming for a past loss of income of about R750 000. His future loss of income is estimated at about R2-million, due to the disruption of his studies.

Suffering from "severe stress", he is expected to incur future medical expenses of R200 000.

In papers the actuarial assistant at Old Mutual claims he "suffered pain, loss of amenities of life, shock, extreme humiliation, contumelia (being openly insulted), grave infringement of his reputation, dignity, bodily and psychological integrity, health and physical and mental well-being". For these factors he is claiming R6-million.

Van der Vyver alleges the police breached its obligations under the Constitution and Police Services Act to protect his fundamental rights, dignity, his right not to be deprived of his freedom arbitrarily or without just cause, or his right not to be treated in a cruel, inhuman or degrading way.

On top of the amount of R17 639 906, Van der Vyver would also claim for interest, the cost of the law suit, lawyers and further or alternative relief.

The state has 30 days to reply.

karen.breytenbach@inl.co.za

• This article was originally published on page 4 of The Cape Times on January 28, 2008