Online Reporter
The Mbombela high court has awarded R750,000 to a man who was kept in unlawful custody for more than two months after he successfully had his sentence and judgment overturned.
Judge AJ Shai found that the incapacity of department of justice caused the delays in releasing Wonder Nkambule from prison when he successfully appealed his conviction and sentence on November 25 2021.
He was meant to be released the same day, but it took the department a further 77 days to do so due to its administrative shortcomings. The matter was brought before judge Shai to determine if Nkambule’s further incarceration was unlawful or not and, if found to be unlawful, the court should decide how much he should be compensated for.
Nkambule was sentenced to life in November 2013 and after spending eight years in jail, he managed to have his sentence overturned by the court. According to Shai’s judgement delivered on Friday, the delays in releasing Nkambule were occasioned by the department of justice who failed to send the warrant of Nkambule’s liberation timeously to the department of correctional services which is in charge of SA’s prisons.
“I am satisfied that the plaintiff [Nkambule] successfully proved, on a balance of probabilities that his detention was unlawful. He was thus arbitrarily deprived of his freedom or without just cause and he should be compensated. In my view, a fair and reasonable compensation is an amount of R750,000. Defendant [department] is ordered to pay costs of suit, including costs of Counsel, on a party and party Scale B,” ruled Judge Shai. — SowetanLIVE.
