Man wrongfully detained for 120 days gets R850 000
Serame Tikoe (39) – who had to spend 120 days in police custody during 2022 while he was innocent of committing a crime – has been granted R850 000 in damages, payable by the SAPS.
The Star reports Tikoe claimed more than R1m in damages, painting a picture to the court of how he had to witness fellow inmates being raped.
He also had to hand out cigarettes to gang members in return for protection.
North West High Court (Mahikeng) Acting Judge T Masike said apart from the horrendous conditions in the cells, the manner in which Tikoe was arrested was also troublesome, as the arresting officer had no regard for the plaintiff’s rights.
The SAPS, meanwhile, conceded the fact that Tikoe’s rights were infringed upon and it did not defend the damages claim.
In deciding on how much damages to award, Masike said he was mindful of the SCA’s warning that exorbitant amounts are often claimed by litigants and sometimes awarded lavishly by the courts. Amounts should not be ‘thumbsucked’ without due regard to the facts and circumstances of a particular case,’ he said, in concluding that R850 000 was reasonable in this case.
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.
