Police must compensate for unlawful arrest
File photo
Johnannesburg - An appeal by the ministry for
safety and security against an Eastern Cape High Court ruling was dismissed by
the Supreme Court of Appeal (SCA) on Tuesday.
The appeal before the SCA was whether the ministry
was liable to compensate a 19-year-old for damages he may have suffered due to
unlawful arrest, detention and malicious prosecution by police.
On October 2, 2007, the 19-year-old was assigned to
washing police vehicles as part of his community service sentence at the
Kenton-on-Sea police station.
One of the cars had been allocated to Warrant
Officer Kani.
Kani subsequently alleged his firearm had been
stolen from the cubbyhole of his vehicle.
Following this, Kani arrested the 19-year-old,
without a warrant of arrest, on a charge of the theft of the firearm.
The 19-year-old denied any involvement in the theft
but was nevertheless detained in the cells at the police station.
The matter was then postponed from time to time,
with the 19-year-old remaining in custody, and on December 19, 2007, the
magistrate refused the 19-year-old's application for bail.
The matter was remanded for trial with the
19-year-old remaining in custody.
There was further delays and the trial only started
on July 20, 2009, where the 19-year-old was acquitted on all charges.
On October 1, 2009, the 19-year-old issued summons
against the ministry for the payment of damages suffered as a consequence of
the events of October 2, 2007, and their aftermath.
Due to the weight of the objective evidence, the
ministry formally admitted, after its initial denial of liability, that Warrant
Officer Kani had viciously assaulted the 19-year-old.
The SCA, in considering the 19-year-old's claim for
damages, stated it was clear the 19-year-old's constitutional right to freedom
and security of person was unjustifiably and unreasonably violated by police,
and in particular by the malicious conduct of Kani.
The SCA held further the 19-year-old had shown the
circumstances in which the police had arrested him, and instigated and
persisted with his prosecution, rendered the ministry liable for his arrest,
malicious prosecution and unlawful detention. - Sapa
