The Minister of Police has been ordered to pay R50,000 in damages to the estate of a North West woman who was unlawfully arrested and detained, after the Supreme Court of Appeal (SCA) this week overturned a lower court's decision awarding her just R15,000.
Tragically, the woman passed away before the case was finalised. Her estate executor represented her in court.
The woman was arrested without a warrant on November 11, 2019, at her home in Stella, North West, allegedly in connection with stolen property. She was detained overnight at Pudimoe police cells and released the following day on warning. During proceedings, the police minister conceded liability for the unlawful arrest.
Court records detailed the traumatic experience: the woman was publicly arrested in front of neighbours, transported in the back of a police van alongside a rifle, and subjected to a rough ride through pothole-ridden roads. She endured pain from an old leg injury and was deeply humiliated.
Her detention conditions were described as degrading. The cell was filthy, the toilet was broken, and she was not given food or water. With no mattress or proper seating, she was forced to sit on a toolbox-like structure. Dirty blankets caused her body to itch, and although she was held alone, she was exposed to verbal abuse from nearby male detainees who could see into her cell.
The police failed to explain why less invasive legal measures under Section 38 of the Criminal Procedure Act were not considered, such as summoning her to court without arrest.
In her judgment, SCA Judge Baratang Mocumie criticised the initial R15,000 award as unjustified and inconsistent with comparable cases where higher damages were granted for shorter detentions.
“The arrest in itself was undoubtedly malicious, and the execution thereof despicable and humiliating,” Mocumie said.
The ruling serves as a stern reminder of the consequences of abuse of police power and the obligation to uphold the dignity and rights of individuals—even in the process of law enforcement.