Eastern Cape Judge President Selby Mbenenge, who ordered the Minister of Police to pay R560 000 for the unlawful arrest of a young man, said the primary purpose of the damages award was not to enrich the aggrieved party. The payment awarded to Onele Mkwati in the Eastern Cape High Court (Mthatha), said the judge, was to ensure the award reflected the importance of the right to personal liberty and the seriousness with which any arbitrary deprivation of personal liberty was viewed in SA law.

It was in some part compensation for his injured feelings, the judge said, notes TimesLIVE. Mkwati was arrested on his way from a school meeting in April 2013, handcuffed, placed in a police van, and kept in a cell under squalid conditions, which were 'inhumane and degrading in the extreme'.

The drive to the police station was 'quite an ordeal', the court heard. The NPA consented to liability for malicious prosecution and consented to an order for the payment of R33 000 in October last year.

The police also admitted to liability for unlawful arrest and detention. The Eastern Cape High Court (Mthatha) was asked to decide on the amount of damages to be paid to Mkwati. TimesLIVE says in the 2015/2016 financial year, police paid R300m to settle some of the claims.

Full TimesLIVE report