The North West High Court has ordered the South African Police Service (SAPS) to pay R60,000 in damages to a 33-year-old Ventersdorp resident following an unlawful arrest and detention on January 3 2023.
The judgement that was delivered on Wednesday also mandates the SAPS to cover interest on the amount and legal costs on the Magistrate’s Court scale.
Arrested without a warrant
The victim, a father of three with a prosthetic leg, was arrested without a warrant at his home in front of his girlfriend, their children (aged 10, six, and five), and community members.
He described the experience as deeply humiliating, with his children crying as police officers prevented them from approaching him.
Despite his protests of innocence regarding an alleged assault, he was taken to Ventersdorp Police Station. There, he was detained in a crowded, unsanitary 3×7-meter cell with 10 other detainees.
According to the victim, the cell’s conditions were deplorable. It had a dirty mattress, an unclean blanket, and a non-functional toilet.
Feeling vulnerable due to his disability, he faced additional hardship, hiding his prosthetic leg while sleeping to protect it.
Released without charges
The following day, he was moved to a smaller, overcrowded court cell with broken windows. He was later released without charges or explanation.
The ordeal led to significant emotional distress and the loss of his livelihood. Parents withdrew their children from his school transport service, deeming him untrustworthy.
The court found the arrest prima facie unlawful. The SAPS failed to provide justification or file a plea despite proper notification, it ruled.
Acting Judge Charlotte Oosthuizen-Senekal emphasised the violation of the victim’s constitutional rights. She noted the aggravated impact due to his disability and the emotional harm to his children.
While he sought R150,000, the court awarded R60,000, citing the need for substantiated claims.
Oosthuizen-Senekal said the ruling underscores the importance of lawful police conduct and accountability.
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