KEY POINTS
- SAPS and NPA must pay R680,000 for unlawful arrest and prosecution.
- Lentoro was arrested without being properly served with a protection order.
- The court condemned due process failures and lack of evidence.
The South African Police Service (SAPS) and the National Prosecuting Authority (NPA) have been ordered by the North West High Court in Mahikeng to pay R680,000 in damages to Thabo Lentoro, whose life was turned upside down by an illegal arrest and malicious prosecution resulting from a protection order that was never properly served.
Hospitalized man unaware of protection order leading to arrest
Lentoro’s ordeal began on Sept. 22, 2020, when his father’s girlfriend, Francinah Racel Montsho, sought an interim protection order against him. Due to health issues, Lentoro was hospitalized a day earlier at Job Shimankana Tabane Provincial Hospital, and he was unaware of the order. He remained in the hospital for almost a month, completely unaware of the legal proceedings against him.
According to Iol, the arresting officer, Sergeant David Kgokong, stated in his testimony that he tried to deliver the protection order to Lentoro but was unable to find him. According to Kgokong, he called Lentoro to inform him about the order and its Dec. 2 finalization date. Lentoro confirmed receiving the call but denied knowing the finalization date.
Lentoro went to the local police station after being discharged on Dec. 4 to inquire about the protection order, but a Magistrate’s Court clerk told him there was no record of one.
When Lentoro visited his father at Montsho’s house on Dec. 7, Montsho resisted his entry, claiming that her lawyer had instructed her to prevent him from entering. When she called the lawyer, the lawyer allegedly threatened to call the police. Lentoro stepped outside the yard and waited. When police officers arrived, they presented documents that Lentoro said he did not recognize. He was subsequently arrested and held for 14 days at Tlhabane Police Station.
Court highlights due process failures in malicious prosecution
In court, Acting Judge D. Smit criticized the police for failing to ensure Lentoro was properly informed of the charges against him. The judge stressed that Lentoro’s hospitalization at the time the order was issued hindered his ability to defend himself.
Judge Smit also emphasized the serious due process failures, noting there was no court authorization for the protection order to be served over the phone.
The Minister of Police was ordered to pay Lentoro R480,000, plus interest, for his unlawful arrest and detention. Additionally, the NPA was ordered to pay R200,000 for pursuing a malicious prosecution in the absence of sufficient evidence.
The ruling highlights the importance of adhering to legal procedures and protecting individual rights within the justice system.
