Journalist: Anelisa Kubheka

The former South African Police Service (SAPS) captain was among 29 officers whose case stems from arrests in 2012 on allegations they operated a “death squad” – charges later found to be fabricated and withdrawn in 2019.

Van Tonder told News24 that this was a chapter in his life that he was happy to be walking away from. 

“At least now there is closure, and now I just hope that everything goes well for everybody else involved in the matter,” Van Tonder said. 

His case was quietly settled out of court on Monday. 

It was meant to be heard in the KwaZulu-Natal High Court in Durban. 

Van Tonder’s case was the first major civil damages claim arising from the controversial Cato Manor organised crime unit prosecutions. 

His settlement possibly marks the beginning of costly payouts for the police, justice and correctional services ministries to the rest of his squad members. 

The former SAPS captain was among seven officers who all lodged civil claims stemming from their arrests.

On Tuesday, Van Tonder’s legal representative, Cameron Wilson from law firm Shepstone and Wylie, confirmed the settlement: “Summons was issued five years ago and the first of seven matters under our mandate came before the High Court yesterday (Monday). The matter was settled on terms acceptable to all parties. The terms of the settlement are confidential.”

There are now six matters to follow, the next being the matter of Johan Booysen, which is set down for trial on 3 to 6 November 2025.”

Booysen was the squad’s major general.

According to the summons issued in November 2020, Van Tonder was claiming damages for wrongful arrest, unlawful detention and malicious prosecution. 

In court papers, Van Tonder detailed how his ordeal began on 22 August 2012, when he was arrested at the SAPS Airwing in Durban by Colonel Mosiapoe and other SAPS and the Independent Police Investigative Directorate employees. 

“The arrest was carried out intentionally and maliciously in front of members of the press and media,” Van Tonder alleged in his summons, claiming the warrant used was “invalid and unlawful”. 

Van Tonder endured a six-year legal nightmare, facing 20 serious charges, including racketeering, murder, housebreaking, possession of unlicensed firearms, theft and defeating the ends of justice. 

He appeared in court 15 times before all charges were withdrawn. 

The prosecutions against Booysen and his squad were deemed to be contrived after damning reports which found the arrests were politically motivated during former president Jacob Zuma’s administration. 

A group of prosecutors appointed by National Prosecuting Authority head Shamila Batohi compiled one of these reports.

For Van Tonder, the settlement represents the end of a decade-long battle.