In a stunning rebuke of local law enforcement, the Minister of Police has been compelled to pay out a combined sum exceeding R1.2 million (US$66,000) to two men from Qumbu whose lives were upended by a wrongful arrest and a traumatic three-week detention. The Mthatha High Court delivered the scathing judgment, highlighting a severe miscarriage of justice in a botched stock theft investigation. The plaintiffs, an 81-year-old man and his 50-year-old companion, had their freedom stripped from them for 21 days on charges that the court has now ruled were entirely without foundation.
The ordeal began back in May 2019, when the two individuals were taken into custody. They subsequently initiated a civil claim for damages against the state in February 2023, seeking redress for the profound hardship they endured. After a thorough review of the case, Acting Judge Aaron Zono found no legal justification for the actions taken against the men. He stated unequivocally that the arrest and subsequent detention were unlawful, a finding that left the court with no choice but to rule in the claimants’ favour.
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The Human Cost of a “Lawful” Error
While the financial award is substantial, it can scarcely compensate for the psychological and physical toll of being imprisoned for nearly a month for a crime one did not commit. For the octogenarian, the experience was particularly harrowing. The court heard how the detention inflicted immense distress and humiliation on both men, whose reputations in their close-knit community were severely tarnished by the very authorities tasked with protecting them. The judgment serves as a stark reminder that the power of arrest must be exercised with the utmost care and on solid legal grounds.
A source close to the families expressed a mixture of relief and lingering pain, stating, “They are relieved this long battle is over, but no amount of money can give them back those 21 days or fully erase the memory of that cell. The old man’s health suffered greatly. This verdict is not a windfall; it is an acknowledgement of a terrible wrong that never should have happened.”
A Courtroom Victory and a Warning
The ruling mandates the Minister of Police to pay R630,000 (US$33,000) to each of the men. This significant payout is intended to provide a measure of solace and assist them in rebuilding their lives. Legal experts suggest that the judgment sends a powerful message to police services across the country about the serious consequences of procedural failings and overreach. It underscores the principle that every citizen is entitled to their liberty and that the state will be held accountable for any deprivation of that right that is not strictly in accordance with the law.
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Reflecting on the broader implications, a legal commentator noted, “This case is a textbook example of why the legal system has checks and balances. The police are not above the law. When they act without a lawful basis, they violate the public’s trust and the constitution itself. This financial penalty is a direct result of that violation.”