R800K Awarded to Man After Miscarriage of Justice

South African Police Compensate Man for False Arrest

A South African court has ordered the police to pay R800,000 in damages to a 26-year-old man who was wrongfully arrested and detained for 54 days on charges of raping a neighbour’s child, despite the fact that he had his penis severed at the age of 12, making the accusation biologically impossible.

The man, whose identity remains confidential to protect his privacy, was arrested on March 26, 2020, at his home in Ladysmith, KwaZulu-Natal. Despite his father informing the investigating officer about his son’s physical condition, this critical information was disregarded, leading to his detention without bail. He was held in deplorable conditions, confined to an overcrowded cell with inadequate facilities, including a non-functional toilet and no access to running water.

The charges were eventually withdrawn by the National Prosecuting Authority (NPA), and the man was released on May 18, 2020. Subsequently, he filed a lawsuit in the KwaZulu-Natal High Court in Pietermaritzburg, seeking compensation for his unlawful arrest and detention. While the court dismissed his claim for malicious prosecution against the NPA, it ruled in his favour regarding the unlawful arrest, mandating the police to compensate him with R800,000.