KEY POINTS
- A Johannesburg man acquitted of cable theft lost his damages claim against SAPS, with the court ruling his arrest was based on reasonable suspicion.
- Security testimony revealed suspects were found near cut cables with a hacksaw, though the accused maintained his innocence.
- The judgment underscores legal distinctions between lawful arrests and subsequent prosecutorial outcomes, amid South Africa’s rampant infrastructure vandalism crisis.
A Johannesburg man, Ramathafeng Mphamo, who was arrested for allegedly tampering with essential infrastructure but later acquitted on technical grounds has lost his legal battle to claim damages from the South African Police Service (SAPS).
According to IOL, Mphamo had sued the police ministry, arguing that his arrest and six-month detention were unlawful.
However, the Gauteng High Court in Johannesburg ruled that officers had reasonable grounds to suspect Mphamo of involvement in cable theft, even though prosecutors ultimately failed to secure a conviction.
“The fact that the accused was discharged does not negate the reasonableness of the suspicion at the time of arrest,” the court stated in its judgment.
The case highlights the ongoing struggle against infrastructure vandalism in South Africa, where copper cable theft costs the economy an estimated R7 billion annually. Eskom and Transnet have repeatedly warned that such crimes disrupt essential services, including electricity and rail transport.
Security guard testifies suspects were “hustling for money” near cut cable
According to court records, the incident unfolded on Christmas Eve 2022 when a private security guard responded to a call about suspicious activity near a trench in Glenvista. Upon arrival, he found Mphamo and another man near exposed underground cables, one holding a hacksaw.
“When questioned, one of them replied they were ‘hustling for money,'” the guard testified. Police later arrested both men under the Critical Infrastructure Protection Act, which carries harsh penalties for damaging public utilities.
Mphamo offered a different account, claiming he was merely walking home from a plumbing job when wrongly accused. “I told them I had nothing to do with the cables, but they forced me into the trench and handcuffed me,” he said in his testimony.
Despite his acquittal under Section 174 of the Criminal Procedure Act (which allows cases to be dismissed for insufficient evidence), Judge Malindi found the initial arrest justified. “The presence of tools at the scene and the damaged cable objectively supported reasonable suspicion,” the judgment noted.
Broader implications for policing and civil claims
Legal experts say the ruling reinforces precedent that lawful arrests depend on circumstances at the time—not later court outcomes. “Police can’t foresee every evidentiary hurdle. Their duty is to act on credible suspicion,” said University of Johannesburg criminologist Dr. Lindiwe Khumalo.
Meanwhile, activists argue the case exposes systemic issues. “Lengthy detentions over unproven charges strain an already overburdened justice system,” remarked Thabo Mbeki of the NGO Justice Watch SA.
The SAPS welcomed the verdict, stating it “affirms officers’ mandate to combat infrastructure crimes.” Mphamo’s attorney confirmed they are considering an appeal.
