Online Reporter
SOUTH AFRICA — South Africa police minister has been ordered to pay R800 000 to a man who was wrongfully arrested for raping a neighbour’s child, even though he had no genitals due to a childhood incident when he was 12 years old.
The man, whose identity is protected for privacy reasons, filed a lawsuit in the KwaZulu Natal High Court in Pietermaritzburg for damages due to his unlawful arrest and detention. He spent 54 days in a filthy cell before the National Prosecuting Authority (NPA) withdrew the charges against him.
The court dismissed his claim for malicious prosecution against the NPA, stating that the charges were dropped before any trial took place.
The 26-year-old man was arrested on March 26, 2020, at his home in Ladysmith, KZN. His father informed the investigating officer that his son had no genitals, but the officer did not act on this information.
Despite knowing this, the police kept the man in jail. He was denied bail and moved to the Ladysmith Correctional Centre after initially being held at the local police station. He was released on May 18, 2020, when the charges were finally dropped.
While in custody, he described horrible conditions, including a cramped cell with a non-flushing toilet and no running water. The police did not present a defence in court and only acknowledged that he had been arrested.
The court criticised the investigating officer for failing to verify the man’s condition and not informing the prosecution, which led to his wrongful detention.
The judge noted that South African prisons are severely overcrowded, creating inhumane conditions for inmates. The man has not received an apology or explanation from the police regarding his arrest. (IOL)
