A Supreme Court of Appeal ruling increases the unlawful arrest payout to R50,000 for a woman who endured harsh treatment before passing away.
Key Points:
- The court raised the unlawful arrest payout to R50,000 after a successful appeal.
- The woman endured humiliation and poor detention conditions, leading to significant distress.
- The court found the police actions to be malicious, awarding compensation for the injustice.
A North West woman, unlawfully arrested and detained, will receive a compensation of R50,000 from the Minister of Police. The Supreme Court of Appeal increased her payout this week, following a successful appeal.
Unfortunately, the woman passed away before the appeal process, and the executor of her estate represented her in court. This ruling followed her disagreement with a lower court’s decision, which had ordered the Minister to pay her R15,000 in damages.
Details of the Arrest and Detention
The incident occurred on November 11, 2019, at around 6 p.m., when the woman was at home in Stella, North West province, with her partner. Police arrested her publicly, which caused embarrassment and humiliation in front of her neighbors. Officers placed her in the back of a police van, where a rifle was present, and drove recklessly over potholes to the police station. She suffered pain in her right leg, which had been injured previously, and was terrified throughout the journey.
Court records show that the woman was arrested without a warrant and accused of possessing stolen property. After the arrest, police detained her at the Pudimoe police cells, where she was kept overnight.
Conditions in Detention
The woman faced harsh conditions during her detention. She received no food or water, and the police cells were filthy. The toilet was not working, and she had to sleep very close to it without a mattress. The blankets she received were dirty, leading to body irritation. Although she was the only woman in the cell, male detainees in a nearby cell verbally harassed her.
She had no privacy and couldn’t use the bathroom privately. The court record noted that she was forced to sit on a toolbox-like structure, as no chair was provided. These conditions added to the mental and physical distress she experienced.
Court Ruling on the Appeal
The police failed to provide a clear explanation for their actions. They did not use other methods available under Section 38 of the Criminal Procedure Act to secure the woman’s attendance in court, resorting instead to extreme measures. These included arresting her publicly, transporting her in a police vehicle, and detaining her far from her home.
Judge Baratang Mocumie, in the final ruling, emphasized the severity of the case, stating, “Considering all the peculiar circumstances and comparing this case to others, damages ranging from R50,000 to R500,000 have been awarded, with periods of detention spanning from 24 hours to three months. The R15,000 award by the High Court is disproportionate, justifying the increase in compensation.”
Judge Mocumie described the arrest as “undoubtedly malicious,” and noted that the execution of the arrest was “despicable and humiliating.” The court’s decision highlights the need for accountability and fair compensation in cases of unlawful arrest and inhumane treatment.
