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HomePoliticsANCRefugee Wins R300,000 Damages In Unlawful Arrest Case Against Home Affairs Minister

Refugee Wins R300,000 Damages In Unlawful Arrest Case Against Home Affairs Minister

He endured 13 days of detention, during which he filed a lawsuit against the DHA and the Minister of Home Affairs, alleging unlawful arrest, detention, and defamation.

The Gauteng High Court in Pretoria has ruled in favour of Ntahopagaze Abdul, a refugee from Burundi, ordering the Minister of Home Affairs to pay him R300,000.

Abdul was unlawfully arrested at a Department of Home Affairs (DHA) office in Marabastad, Pretoria while applying for the re-issuance of his stolen refugee documents12.

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Abdul visited the DHA office on June 7, 2017, seeking to replace his stolen refugee papers. However, he was arrested by DHA members and handed over to the South African Police Service (SAPS) at the Pretoria Central Police Station.

He endured 13 days of detention, during which he filed a lawsuit against the DHA and the Minister of Home Affairs, alleging unlawful arrest, detention, and defamation.

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The court found that Abdul had provided sufficient evidence of his refugee status and that the DHA failed to prove he was an illegal immigrant.

Additionally, the DHA had defamed Abdul by publishing a notice in the Government Gazette stating he was an illegal immigrant. As a result, the court awarded Abdul R300,000 in damages for the harm caused by his wrongful arrest and detention. The court also ordered the DHA to expunge the notice from the Government Gazette.

This judgment serves as a reminder of the importance of due process and the rights of refugees in South Africa. It underscores the responsibility of government officials to act lawfully and without discrimination.

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Ntuthuko Gumede for SurgeZirc SA
Ntuthuko Gumede for SurgeZirc SA
In the fast-paced world of politics, staying informed is crucial. Ntuthuko Gumede, a renowned journalist, has been making waves with his insightful and thought-provoking political news articles on SurgeZirc SA. With his expertise and dedication to reporting accurate and unbiased information, Gumede has become a trusted source for political analysis.
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