Minister Of Police Ordered To Compensate Woman R50,000 For Unlawful Arrest, Humiliation

A woman from North West province has been awarded R50,000 in compensation after the Supreme Court of Appeal ruled that her unlawful arrest and detention by the police caused significant harm.

The case, which was filed after the woman’s death, exposed police misconduct and ill-treatment during her detention.

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Victim’s Humiliating Arrest And Inhumane Treatment

On November 11, 2019, the woman was arrested without a warrant at her home in Stella, North West, allegedly for possessing stolen property.

The arrest took place in front of her neighbours, leading to public humiliation and distress.

The complainant was transported in a police van with a rifle present, enduring high-speed travel over potholes, which aggravated an old injury to her leg.

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After being detained in filthy, overcrowded police cells at Pudimoe Police Station, the woman faced unsanitary conditions.

She was not provided with food or water, and the toilet in her cell was non-functional.

She slept near the toilet without a mattress, and the dirty blankets she was given caused her skin irritation.

She also endured verbal abuse from male detainees in nearby cells.

Court Condemns Malicious Arrest, Inadequate Compensation

The woman’s case was initially heard by the North West Division of the High Court in Mahikeng, where the judge awarded her only R15,000 in damages.

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However, the victim’s estate appealed the decision, arguing that the compensation was grossly inadequate given the circumstances.

The Supreme Court of Appeal agreed, noting that the arrest and treatment were “malicious” and “humiliating.”

Judge Baratang Mocumie criticized the disparity between the initial award and the appropriate compensation, which should have ranged from R50,000 to R500,000.

The judge emphasized that the police’s actions were despicable and unjustifiable, leading to the increased award of R50,000.

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