Mpumalanga High Court Orders Police Minister To Pay R300,000 Over Unlawful Arrest Of Mother And Baby

The Mpumalanga High Court in Mbombela has ordered the Minister of Police to pay R300,000 in damages after finding that a woman and her six-month-old baby were unlawfully arrested and detained for nearly three days.

Acting Judge H.F. Fourie ruled that the South African Police Service (SAPS) failed to justify the arrest and detention, which followed a domestic violence incident on 8 March 2024.

Mpumalanga High Court Finds Mother And Baby Were Unlawfully Detained

According to uncontested evidence before the court, the woman was arrested at about 11pm following a domestic violence dispute involving the father of her child.

Police instructed her to collect clothing and blankets for her six-month-old baby because the infant would accompany her to the police station.

The mother and child were detained from around 2am on 9 March 2024 until approximately 2pm on 11 March 2024, when she was taken to court and released without standing trial or facing any criminal charges.

The baby remained with the mother in the police holding cells throughout the detention.

Court Criticises Conditions And Failure To Defend Case

The woman testified that the police cells were dirty and unhygienic, with detainees being provided with unclean blankets.

She also told the court that she shared the cell with another mother and child, as well as two additional detainees at one stage.

The court accepted her evidence after the Minister of Police failed to oppose the matter.

Although the State Attorney reportedly attempted to contact the woman's legal representatives on the day of the hearing, neither the Minister nor any legal representative appeared in court or applied for the matter to be postponed.

YOU MAY ALSO LIKE: Jacinta Ngobese-Zuma Clashes With Police Minister Over 30 June Anti-Illegal Immigration Protests “Don’t Threaten Us”

Judge Fourie therefore proceeded to hear the matter on an unopposed basis.

The court reiterated that arrests and detentions are presumed to be unlawful unless the State can prove they were legally justified. Judge Fourie also referred to Constitutional Court judgments highlighting the importance of protecting the rights to freedom, dignity and personal security.

Judge Says Detention Of Six-Month-Old Was Not A Last Resort

Judge Fourie placed particular emphasis on the constitutional protections afforded to children, stating that detention should only be used as a measure of last resort.

He found there was no lawful justification for detaining the infant alongside the child's mother.

"The detention of this young child was not a last resort but seems to have been standard practice," the judge observed, noting that another mother and child had also been detained in the same cell.

In assessing damages, the court said compensation should recognise the violation of constitutional rights without resulting in unjust enrichment.

Judge Fourie also noted that no financial award could fully compensate someone for being deprived of their liberty.

The court awarded R150,000 to the mother for her unlawful arrest and detention and a further R150,000 to the child.

The child's compensation must be paid into a trust established solely for the child's benefit, with the money to be invested until the trust becomes operational.