A North West woman, who was unlawfully arrested and detained in November 2019 must be compensated R50 000 by the Minister of Police – after the SCA increased the amount.

However, a Saturday Star report notes the ruling comes after the complainant died. She was represented in court by the executor of her estate.

The successful appeal came after the aggrieved woman appealed against a court order by the North West High Court (Mahikeng), which instructed she be paid R15 000 by the Minister.

It was revealed to the court that the complainant was arrested in connection with stolen property without a warrant. She was transported to and detained at the Pudimoe police cells. According to the record, the complainant was released the next day on a warning. During the subsequent court proceedings, the Police Minister’s counsel conceded liability.

The police did not explain why they did not use any of the other methods provided for in section 38 of the Criminal Procedure Act to secure her attendance at court and why they had to resort to following the extreme measures: arresting her publicly; transporting her in the back of a police vehicle; and detaining her for a day-and-a-half in a police cell – about 100km away from her home.

The Saturday Star notes that Judge Baratang Mocumie said: ‘If all the peculiar circumstances of this matter are taken into account, and considering the comparable cases the High Court referred to, damages between R50 000 and R500 000 were awarded, with the period of detention ranging between three months and 24 hours.’

She added: ‘There is no justifiable reason why the High Court awarded R15 000. The disparity between the amount awarded by the High Court and what is considered an appropriate award is striking. That justifies interference with the High Court’s award. On the undisputed facts, the arrest in itself was undoubtedly malicious, and the execution thereof despicable and humiliating.’

Full Saturday Star report

Judgment