A Mpumalanga man who believed he was under-compensated for his unlawful detention by the police has seen his hopes dashed.
After being awarded R75 000 in damages, Nicolaus Banda, appealed the decision in Mbombela Regional Court, seeking a higher amount.
However, the Mpumalanga High Court sitting in Mbombela, has not only dismissed his appeal but also ordered him to pay the legal costs.
Banda, from Nsikazi, near White River, was arrested and detained for three days without charge in 2021. He was arrested by eight police officers in full view of his neighbours.
While the regional court acknowledged the unlawful nature of his detention, it determined that the R75 000 award was fair and reasonable compensation.
Although unemployed at the time of the incident, the father of three argued, through his legal team, that he deserved R400 000.
The lawyers told the court that R25 000 rate per day for un-lawful detention was insufficient to compensate for the emotional distress and damage to Banda’s reputation caused by the ordeal.
However, the high court disagreed, finding that the initial award by the regional court was appropriate and that Banda’s appeal lacked merit.
The high court emphasised the importance of considering all factors, including the duration of the detention, the circumstances of the arrest, and the impact on the individual’s life.
“The trial court’s findings were consistent with the evidence and supported by appropriate legal reasoning,” the court ruled.
“In the absence of any material misdirection or demonstrable error, the appeal must fail, and the judgment of the court a quo is upheld.”
According to the Auditor-General, for the 2023/24 financial year, the SAPS faced civil claims totalling approximately R2.2-billion.
Furthermore, around 15 139 new claims amounting to more than R21.5-billion were registered, adding to the already significant legal burden.
The SAPS is navigating complex legal challenges due to numerous civil claims, including wrongful arrests and police misconduct.
However, national police spokesperson Brigadier Athlenda Mathe downplayed the new load of claims.
“Each case is treated according to its merits, which will determine if the SAPS needs to settle or defend the matter further. It is important to note that not all claims received are paid out according to the initial litigation,” said Mathe.
“Based on the nature of the police work, SAPS is constitutionally mandated to effect arrests and detention, and it doesn’t necessarily mean that these arrests are wrongful and unlawful.”
Mathe added that the SAPS was actively working to reduce future claims through internal projects aimed at improving compliance.
“The SAPS has implemented a project to ensure the down management of civil claims. The inspectorate, visible policing and operations as well as the detectives divisions are continuously embarking on compliance inspections at police stations and all service points where awareness and training on how to prevent and reduce civil claims are conducted.”
