Zelda Venter
THE unlawful arrest of a professional hunter is set to cost the taxpayer R50 million – the man has sued successfully in the Pretoria High Court.
Jaco Scott’s arrest meant that an elephant hunt he had been organising did not go ahead.
The court ordered that he receive R75 000 in damages for unlawful arrest and detention as well as the R577 610 that he had paid to an American entity to recruit hunters from the US.
Acting Judge Louis Vorster further ordered the police to pay R49.2m to Scott’s company, Scottco.
This is for the prospective loss of income over the next 25 years, as the Americans had decided never to make use of Scott’s services again.
The claim followed the events of June 10, 2004, when Scott was arrested for no reason and detained in the police cells in Musina. He was released the next day.
Scott’s company owned a farm in Musina, where hunting parties were accommodated and hunts were arranged at fixed tariffs.
Judge Vorster said Scott had realised that catering for overseas hunters, especially those from America, was a lucrative business.
Scott had entered into an agreement with a business called Field and Stream which had agreed to arrange hunting expeditions, making use of Scott’s facilities.
He paid R577 610 for it to advertise and promote his hunting services.
As a result an American hunting party came to South Africa on June 10, 2004.
Aggressive
A driver fetched them at the airport and took them to Scott’s farm in Musina.
The arrangement was that once the driver reached Makhado, he would phone him. Scott would then drive to the farm to settle his guests in.
He was at a local Spur when the driver phoned to tell him that he was nearing the farm.
Scott said he was about to leave when he encountered a rowdy and aggressive crowd in the parking lot. He tried to find out what was happening, but was hit over the head with a hard object. He broke one front tooth and his lip was “in tatters”. The police arrived and arrested him.
They locked him up in a police cell, where he was forced to spend the night.
Scott said the police took his cellphone and he could not phone the driver.
He knew an elephant hunt was due to take place in Zimbabwe the next day and that it could not go ahead if he could not get to his hunting party in time.
He was released the next day without any charges being brought against him and he could only get to the farm later that afternoon. He tried to explain to the disgruntled hunters what had happened. They were, however, set on returning to America and the proposed elephant hunt did not go ahead.
Field and Stream also refused to do further business with him. They said it was their policy not to be associated in any way with alleged or actual criminals – even if Scott’s arrest was unlawful.
Judge Vorster said he was satisfied cancellation of the deal had been a direct result of Scott’s unlawful arrest and that he should be compensated.
