Labour official to sue SAPS for criminal record error

A DIRECTOR in the Department of Labour, who to his utter shock discovered that police records incorrectly reflected for several years that there was a criminal case pending against him, has succeeded in his first step to sue the SAPS for reputational damages.

Vincent Luvhengo turned to the Gauteng High Court, Pretoria, after he had found out that his name was reflected on the Local Criminal Records Centre of the SAPS.

Despite the fact that the records have meanwhile been set straight, Luvhengo said he had suffered damages.

Judge Norman Davis said: “It is easy to imagine one’s dismay at finding out that, unbeknown to oneself, the records kept by the Local Criminal Records Centre of the SAPS indicate that one has either been found guilty of a crime or there is a criminal case pending against one.”

Luvhengo was involved in a car accident in 2011 on the N1 highway between Musina and Makhado in Limpopo. It appears he was a driver of a motor vehicle at the time.

He was arrested on charges of driving under the influence, negligent or reckless driving or culpable homicide. The last charge emanated from the fact that a woman, 20, involved in the accident died on the scene. Another man involved in the accident also died due to blunt force trauma to the head sustained in the accident.

The inquest court, however, cleared Luvhengo from wrongdoing as it was concluded that the accident was caused by a burst tyre, which caused the vehicle to overturn. The case docket reflected that the criminal case was now closed. Luvhengo was told the matter was now in the past and he could collect his bail money.

Years later in 2018, at the instance of the police minister, all police officers had to be vetted in respect of possible criminal cases pending against them or for disclosure of previous convictions.

This included Luvhengo, who had only recently moved to the Department of Labour.

The unsuspecting Luvhengo submitted his fingerprints and to his surprise, he was flagged as having a criminal record. It was somehow reflected that he was guilty of culpable homicide, and that he had paid R1 000 “as acknowledgement of guilt fine”. He only managed to have the record set straight after his attorney stepped in to reflect there were no cases pending against him.