Almost R4m awarded for 523 days in prison
The deprivation of liberty is a serious infringement on a person’s rights. The emotional distress and reputational harm caused by wrongful detention and malicious prosecution justify significant compensation, but the award must also be fair and balanced.
A Pretoria News report says this is according to North West High Court (Mahikeng) Acting Judge LM Morgan, who ordered the Minister of Police and the NPA to pay nearly R4m in damages towards Tshepiso Motsose, who was incarcerated for 523 days in prison on unsubstantiated charges (but who has since died).
Morgan said: ‘The principles of law require that the quantum of damages reflects the actual harm suffered while avoiding excessive awards that place an undue burden on the public purse.’
Motsose initially turned to court after he was arrested without a warrant on an array of charges, including murder. While Motsose said from the start he knew nothing about the accusations, his trial proceeded but charges were eventually withdrawn against him.
After being locked up for 523 days, he was told that he could go home.
Motsose had meanwhile died, but the executor of his estate, Freddy Motsose, pursued the claim further. According to the Pretoria News, he claimed more than R7.8m from the Minister and the NPA – R15 000 for each day that Tshepiso had to spend behind bars.
This was after a court earlier ruled that the arrest, detention, and subsequent prosecution was malicious.
Morgan said: ‘When quantifying damages, courts must also consider the significance of the right to personal liberty within the broader context of SA’s constitutional democracy. The right to personal liberty is sacrosanct and must be guarded with the utmost vigilance.’
The judge said Tshepiso’s experience was undoubtedly traumatic, involving a prolonged detention based on unsubstantiated claims and a prosecution initiated without prima facie evidence. He noted that the conduct of the police and the prosecutor in the criminal matter fell short of the standards expected of these institutions.
‘Their actions resulted in a gross violation of the plaintiff's rights, causing significant emotional distress and reputational harm,’ the judge said. But, he added, there are many legitimate calls upon the public purse. While the plaintiff's suffering must be adequately compensated, the award should not be so excessive as to unduly burden public resources.
‘In the absence of any evidence before me suggesting that the deceased plaintiff was assaulted and suffered severe psychological harm or trauma other than that associated with a deprivation of liberty, the amount of R15 000 per day is without proper justification.’
The judge concluded that R7 500 for each day of incarceration is a fair amount. He ordered that 80% of the total sum of R3 922 500 awarded is to be paid by the SAPS and the remaining 20% by the NPA.
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.
