Man awarded R2m in damages after spending two years in prison before charges were dropped

A man accused of housebreaking and detained for more than two years before charges were withdrawn has been awarded R2-million in damages.

Evidence was presented in the Pretoria High Court that his jail conditions were “terrible”. He contracted HIV and he was tattooed by force by other inmates.

Read the judgment here.

“He was released back to the community with tattoos all over his body. He hates tattoos and people look at him strangely, suspiciously, thinking he is a criminal,” said Acting Judge Nkosingiphile Mazibuko.

The man’s identity has been withheld. He is referred to as Mr T in the judgment.

Mr T sued the minister of police for unlawful arrest made without a warrant in May 2015.

He appeared in court the following day and applied for bail. This was opposed by the investigating officer and denied by the magistrate.

He remained behind bars from 25 May 2015 until 26 July 2017 when charges were withdrawn because of lack of evidence. He was released from custody and “told to go home”.

Two police officers, Sergeant Seleke Molawa and Constable Pogiso Montwedi, testified. Molawa said a local school principal had reported a case of theft and housebreaking. He said numerous classrooms had been broken into and items, including schoolbags and two-litre bottles containing coins had been stolen.

A resident directed the police to a house where they found two school bags and a bottle containing coins. They were told that Mr T and others had brought them there “for sharing”.

When the police officers went to Mr T’s home, his grandmother showed them his room where they found another bottle with coins and two school bags.

After he was arrested, Mr T told them that there were other goods under his bed and provided information which led to the arrests of other suspects.

Under cross-examination, Molawa was unable to explain why there were no statements in the docket.

Montwedi gave similar evidence and agreed that the plaintiff had volunteered information. He admitted that a police officer investigating a case was obliged to obtain a statement from all complainants, witnesses and suspects.

Mr T, in his evidence, said his friend had brought the stolen goods to his house. He said he had been assaulted by the police when they came to his house to arrest him.

‘Fatigued, suicidal’