The South African Police Service (SAPS) has been ordered to pay R200,000 plus interest from the date of judgment to a local man in damages after a court ruled that his arrest and detention in 2020 were unlawful.
Isaac Solomon Nyarende claimed he was wrongfully arrested while collecting firewood. This led to a nine-day ordeal that included detention in poor conditions.
According to the Mpumalanga High Court, the incident occurred in January, 2020 in the Barberton District.
Mistaken for illegal miners
Nyarende revealed that he was with two friends, carrying a hammer, chisel, saw, and butcher knife in a bag. He further stated that they were gathering firewood to sell, a common way he earned a living.
However, police arrested him and 22 others, suspecting them of illegal mining at the abandoned Sheba mine.
“I was just collecting firewood with my friends,” Nyarende told the court.
“The police put us in their vehicle without explaining anything and took us to the station. It was terrifying.”
Nyarende was held for two days at Barberton police station, where he described the cell conditions as deplorable.
“The toilets were filthy, and I couldn’t eat the food they gave me because of the state of the place,” he said.
Case struck off the roll
After his first court appearance on February, 3 2020, he was transferred to Nelspruit Correctional Centre. There he was kept for seven more days until he was granted bail of R1, 500 on February 10.
The case was later struck off the court roll on July 29, 2020, due to absent witnesses.
Sergeant Riaan Prinsloo, the investigating officer, testified that the group was arrested by security officers from SSG Security Company for possessing suspected gold material and mining tools.
“They had food and equipment typical of illegal miners,” Prinsloo said.
However, he admitted he did not interview witnesses. He relied solely on documents provided by security personnel.
Acting Judge Moleleki noted that the law requires solid grounds for an arrest without a warrant. And the police failed to provide it.
Arrest not justified
“SAPS could not prove the arrest was justified,” the judge stated.
“Nyarende’s detention, including after his court appearance, stemmed from this unlawful act.”
His lawyer argued that the police wrongly assumed he was a foreign national, delaying his bail.
The court held the police liable for the entire detention period. This as the unlawful arrest led to predictable delays in court.
Giving an order on Friday, judge Moleleki said the court considered the Nyarende’s humiliation, loss of freedom, and the poor conditions at Barberton Police Station.
“The defendant [SAPS] is ordered to pay Nyarende an amount of R200, 000. Together with interest at the prescribed rate from the date of judgment to the date of payment.”
