In a judgment delivered on 9 July 2025, the High Court of South Africa, North West Division, Mahikeng, ruled in favor of the plaintiff a 33-year-old Ventersdorp resident, who was unlawfully arrested and detained by members of the South African Police Service (SAPS) in January 2023.
The Plaintiff is an amputee who relies on a prosthetic leg, was arrested without a warrant on 3 January 2023 at his home in Ventersdorp. Police officers accused him and his friends of assaulting another individual. Despite his protests of innocence, he was forcibly taken into custody in front of his girlfriend and three minor children, aged 10, 6, and 5, who were left traumatized by the incident.
The court ordered the Minister of Police to pay the plaintiff R60,000 in damages for the violation of his constitutional rights, as well as interest and legal costs. The case highlights the importance of lawful policing and the protection of individual freedoms.
The court found that the plaintiff’s arrest was unlawful, as the police failed to provide a warrant or justify the arrest under Section 40(1) of the Criminal Procedure Act. The defendant’s failure to contest the claim further solidified the ruling.
Quantum of Damages:
While the plaintiff sought R150,000, the court awarded R60,000, considering:
- The 24-hour detention period.
- The plaintiff’s physical vulnerability as an amputee.
- The emotional trauma suffered by him and his children.
- The loss of his livelihood (transporting schoolchildren), as parents withdrew their trust after the incident.
- The degrading conditions of the detention cells.
