Man seeks R5.5m for ‘malicious detention, prosecution’
Xolani Shabalala, who spent three-and-a-half-years in jail before being acquitted of rape, is claiming R5.5m from the state, alleging that his detention and prosecution were malicious.
The Witness reports says Shabalala’s action is against the Minister of Police and the NDPP. The case came before the KZN High Court (Pietermaritzburg) yesterday and was adjourned for documents to be provided to Shabalala. The claim said that Shabalala was arrested in November 2011 for the rape of a girl (10). He was then charged and detained. Bail was refused.
In June 2012 the case was transferred to the Dannhauser Regional Court from the District Court. The matter was then postponed several times and in June 2015 he was acquitted.
Shabalala claims there was no justifiable or reasonable cause for his arrest and that police had failed to act in a manner expected of law enforcement officers.
He is claiming R1.5m for malicious unlawful arrest and detention, and R4m for the malicious unlawful ‘further’ detention and prosecution.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
