A KwaZulu-Natal man will receive R800,000 in damages after police wrongfully arrested him for rape. The court ruled that the police minister must compensate the man, whose name remains undisclosed, to protect his dignity.
A KwaZulu-Natal Man Lost his Genitals Due to a Childhood Incident.
The man, who has no genitals due to a childhood incident, spent 54 days in a filthy jail cell. The KwaZulu-Natal High Court in Pietermaritzburg found that his arrest and detention were unlawful. The National Prosecuting Authority (NPA) withdrew the charge after a medical examination confirmed his condition.
Investigating Officer Ignored Crucial Evidence
According to IOL, the police arrested the 26-year-old at his home in Ladysmith on March 26, 2020. Four days later, he appeared in court and was denied bail. His father immediately informed the investigating officer that his son had no genitals and was incapable of committing the alleged crime. However, the officer failed to disclose this crucial information to the prosecution.
Instead of being released, the accused remained behind bars at Ladysmith Correctional Centre under inhumane conditions. The prosecution only dropped the charge after a doctor verified the man’s physical condition nearly two months later.
SAPS Fails to Defend Its Actions in Court
The South African Police Service (SAPS) denied wrongdoing but failed to present evidence in court. During the trial, SAPS representatives did not appear to defend their case. The court criticized the police for negligence, stating that the investigating officer’s failure to act led to an unjustified deprivation of freedom.
The court acknowledged the poor conditions in South African prisons, including overcrowding and unsanitary facilities. The wrongfully accused man recounted his experience, describing overcrowded cells and a toilet that did not flush due to water shortages. He was forced to sleep on a blanket on the floor.
Court Condemns Police Negligence
The judge strongly criticized the police for failing to verify the accused’s condition and for withholding critical information. The court found that SAPS acted negligently, which directly led to the wrongful detention.
The police never apologized or provided an explanation for the arrest. The court emphasized that no one should endure such injustice, especially when clear evidence exists to prove their innocence.
This ruling serves as a reminder of the importance of thorough police investigations. Authorities must ensure that individuals are not unjustly detained based on flawed procedures or negligence.
