Police Minister Senzo Mchunu has been ordered to pay R100 000 to a Mpumalanga child who spent two days in a freezing jail cell with her mother in 2021.
The mother was arrested for smashing her ex-boyfriend’s TV after she accused him of witchcraft.
The child, who was only four months old at the time, endured unsanitary conditions in the Matsulu police station.
Judge Msibi of the Mbombela Division of the Mpumalanga High Court ruled that the actions of the police constituted a gross violation of the baby’s constitutional rights.
The child is now two years old and has been awarded damages for the unlawful detention that left her with a rash and flu during the two-day ordeal.
Baby developed rash and flu
“They slept on dirty sponges near a toilet, using filthy blankets that left their bodies itchy,” the judge said.
Msibi painted a bleak picture of the baby’s time in detention, adding that “by the time they were released, the baby had developed a rash and flu”.
The bizarre chain of events began on August 14, 2021, when the child’s mother, believing her ex-boyfriend had bewitched her, stormed into his house and smashed his TV with a rock.
She claimed the man had cast a spell preventing her from being intimate with other men.
Despite the woman’s arrest being lawful, the judge ruled that the police acted negligently by detaining the child alongside her mother.
“The police should have sought assistance from social workers,” Msibi stated. “Police cells are not homes for children and are thus not equipped to cater for their needs.”
According to Msibi, Section 28 of the constitution states: “The detention of a child should be a measure of last resort.”
Child’s best interests
He added that the arresting officer, Constable Eddie Mthandeni Ndlazi, had failed to act in the child’s best interests by not exploring alternatives for her care.
While the mother had testified that she never refused to leave her baby with her disabled mother, Msibi was unconvinced, noting: “This version concerning her mother’s disability was never put to the officer.”
In the end, Msibi ruled that the detention of the baby was a serious violation of her rights, ordering the police to pay R100 000 in damages.
“The power to arrest does not include the power to detain without proper authority,” he said.
The police were also ordered to cover the court costs, marking a bitter twist to a case that began with a broken TV but ended with a victory for the smallest victim.
