KEY POINTS
- A man without genitals was wrongfully arrested and jailed for rape.
- The police ignored evidence that proved his innocence for nearly two months.
- The court ordered the police minister to pay him R800,000 ($43,658) in damages for his unlawful arrest and detention.
A South African man, whose genitals were severed in childhood, has been awarded R800,000 ($43,658) in damages after a court ruled that his arrest and detention for rape were unlawful.
The KwaZulu-Natal High Court in Pietermaritzburg ruled in favor of the man, who spent 54 days in custody before the charges were dropped.
The man, whose identity has been withheld for privacy reasons, was arrested on March 26, 2020, in Ladysmith by the Ezakheni police.
Despite his father informing the investigating officer that he had no genitals, the officer failed to disclose this crucial information.
He was denied bail and transferred to Ladysmith Correctional Centre, where he endured harsh conditions until his release on May 18, 2020, when a medical examination confirmed he was physically incapable of committing the crime.
Investigating officer ignored key evidence
The court criticized the investigating officer for failing to verify the father’s claims or inform the prosecution.
According to IOL, the officer remained silent for nearly two months, allowing the man to suffer in prison. It was only after a doctor’s examination that authorities acknowledged the wrongful arrest.
During the court proceedings, the South African Police Service (SAPS) offered a weak defense, merely confirming the arrest but failing to present any justification for their actions.
The investigating officer’s negligence in handling the case led to an unjustified detention, the court ruled.
Despite facing accusations of a serious crime, the man initially withheld his condition from the authorities, fearing further mistreatment.
His father’s intervention should have prompted an immediate investigation, yet the officer in charge neglected to act, prolonging his suffering.
Court condemns police negligence and lack of accountability
In its ruling, the court emphasized the inhumane treatment the man endured while in custody. He slept on the floor in a cell without a functioning toilet, detained in overcrowded, unsanitary conditions.
The court acknowledged the lack of detailed evidence about the conditions. However, it recognized that extreme overcrowding in South African prisons creates unbearable living conditions for inmates.
The court strongly criticized the police force for their absence of apology and their failure to justify the wrongful arrest.
The SAPS failed to defend their actions in court. They also did not send representatives to justify their conduct.
Despite the unlawful detention of the man by police, it found that their negligence was responsible for his arrest.
This case exposes major issues about South African police responsibility while also revealing mistreatment methods against people in custody.
