KEY POINTS
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The Supreme Court increased the unlawful arrest compensation to R50 000.
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Without a warrant, they arrested the woman and held her in appalling conditions.
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The case was represented by the executor of the woman’s estate after her death.
The Minister of Police must compensate a North West woman R50 000 after the Supreme Court of Appeal increased her compensation this week.
The victory comes after the complainant passed away, and the executor of her estate represented her in court.
The Supreme Court ruling follows the woman’s successful appeal against a court order from the North West Division of the High Court in Mahikeng, which had initially instructed the Minister to pay R15 000.
Court records show that police arrested the complainant on November 11, 2019, at about 6 p.m., while she was at home in Stella, North West province, with her partner.
The court’s judgment stated that the arrest took place in front of her neighbours, causing her embarrassment and humiliation.
They placed her in the back of a police van, which contained a rifle, and drove her at high speed through potholes to the police station. The ride caused pain in her right leg due to an old injury, and she became frightened and distressed, the judgment stated.
The court also disclosed that they arrested the complainant without a warrant and purportedly detained her for theft. They transported her to the Pudimoe police cells after her arrest and held her there overnight.
The next day, she was released on warning at about 3 p.m. However, her treatment during detention was far from humane.
Conditions of detention and public humiliation
According to IOL, the complainant did not receive food or water during her detention. The police cells were dirty, the toilet was not functioning, and she had to sleep very close to the toilet bowl, without a mattress.
The filthy blankets she received caused her body to itch. Although she was alone in her cell, there were male detainees in a nearby cell who insulted and hurled profanities at her. They denied her privacy, preventing her from leaving the station for private bathroom breaks. Instead of a chair, they forced her to sit on a structure resembling a toolbox.
The police did not explain why they did not follow other procedures provided in Section 38 of the Criminal Procedure Act to secure her attendance at court.
Instead, they resorted to extreme measures, including publicly arresting her, transporting her in a police vehicle, and detaining her far from her home.
Court rulings and increased compensation
Judge Baratang Mocumie said that, when considering the circumstances of the case and comparing it to similar cases, the court awarded damages ranging from R50 000 to R500 000.
The award was based on the length of detention, which ranged from three months to 24 hours. “There is no justifiable reason why the high court awarded R15,000.
He noted, “The disparity between the amount the high court awarded and what is considered an appropriate award is striking.” “That justifies interference with the high court’s award.”
Judge Mocumie further stated that the execution of the arrest was despicable and humiliating, justifying a higher compensation amount. The court increased the compensation to R50,000, taking into account the suffering and humiliation caused by the unlawful arrest and subsequent detention.
