Carl Niehaus plans to sue the State, NPA for wrongful and malicious prosecution

Carl Niehaus instructed his lawyer Nthabiseng Mokoena to file a discharge application in terms of Section 174 of the criminal procedure act last month.

Carl Niehaus at the Estcourt Magistrates Court on Monday, 16 May 2022. Picture: Nhlanhla Mabaso/Eyewitness News

JOHANNESBURG - Suspended Umkhonto weSizwe Military Veterans’ Association spokesperson Carl Niehaus said that he planned on suing the state for humiliating him outside the Estcourt Correctional Service Centre in July last year.

Niehaus was arrested for allegedly breaching COVID-19 regulations while being interviewed on live television.

He subsequently challenged the State in the case against him and the Estcourt Magistrates Court ruled in his favour on Monday by dismissing the case.

Niehaus instructed his lawyer Nthabiseng Mokoena to file a discharge application in terms of Section 174 of the criminal procedure act last month.

This formed part of his successful bid to have the case against him dropped.

He had argued that the State had no case against him and that his arrest was politically motivated.

He said that he felt vindicated by the Estcourt Magistrates Court's decision to dismiss the case against him.

"And we are going to sue the State, the NPA specifically, for wrongful and malicious prosecution," he said.

Niehaus said that his lawyer Dali Mpofu would join him in a media conference later on Tuesday where he would outline action against the State.