KEY POINTS
- Polokwane court orders SAPS to pay R500,000 ($27,441) in damages for unlawful arrest and mistreatment.
- Inhumane conditions in police detention include overcrowding, sodomy attempts, and lack of sanitation.
- Court ruling highlights need for police accountability and better detainee treatment in South Africa.
A Polokwane high court has ordered the South African Police Service (SAPS) to pay R500,000 ($27,441) in damages to a man who was unlawfully arrested and subjected to inhumane treatment in a holding cell.
The ruling followed a shocking series of events that left the man, Paul Tshamo, traumatized and without any explanation for his arrest.
Acting Judge G. Diamond described the treatment of Tshamo as “unforgivable” after he was arrested without a warrant on suspicion of fraud.
Tshamo was not informed of the reasons for his arrest and spent an entire night in a filthy, overcrowded police cell.
During the night, he was subjected to multiple attempts at sodomy by other inmates. When Tshamo alerted police officers to the situation, they reportedly dismissed his concerns, stating that such behavior was “normal” in a detention environment.
Tshamo filed a lawsuit against SAPS seeking R2.5 million ($137,221) for the distress and suffering caused. However, the police failed to defend the allegations, which led to a default judgment in Tshamo’s favor.
Judge Diamond ruled that R500,000 ($27,441) was appropriate compensation, citing the dehumanizing conditions Tshamo faced and the lack of accountability from the police.
Shocking treatment and lack of accountability
Tshamo’s ordeal began when he received a call from a Polokwane police officer. The officer instructed him to present himself at the station.
Upon arriving, he was arrested without explanation. He was then held in a police cell with several other inmates.
The conditions of the cell were described as unsanitary. There was no bed and inadequate sanitation. Moreover, inmates tried to assault Tshamo throughout the night, leaving him in a state of constant fear.
Judge Diamond expressed disbelief at the lack of any explanation for the arrest. He noted that it was mind-boggling that Tshamo was detained in the first place.
According to IOL, the judge also criticized the police’s dismissive attitude toward Tshamo’s attempts to report the abuse.
“The unconcerned attitude of the police officials when the plaintiff attempted to report the fact that inmates tried to sodomize him is unforgivable,” he stated.
SAPS condemned for unlawful arrest and mistreatment
Tshamo’s lawyer, SAPS, did not contest the lawsuit.
The judge highlighted the violation of Tshamo’s rights. He also noted the failure of police to uphold the basic standards of treatment.
The court ruling has brought attention to the issue of police accountability. However, it also highlights the inhumane conditions that many detainees face.
In a broader sense, the case sheds light on systemic issues within the South African police force, where such acts of misconduct can occur unchecked.
Tshamo expressed that he hoped the ruling would prompt better policing standards and accountability for actions that infringe on citizens’ rights.
