Online Reporter
Following a wrongful arrest over rape charges, a man from Soweto has found relief after the Johannesburg High Court ruled in his favour.
Pride Mngomezulu was awarded R350 000 in damages for being wrongfully arrested and detained by the police in connection with a rape accusation in 2018.
The wrongful arrest also means that the victim might not get justice following the horrendous crime.
On Thursday, Judge Stuart David James Wilson ruled the arrest unlawful, citing the arresting officer’s failure to establish reasonable suspicion.
Injuries consistent with crime
Mngomezulu was nabbed on August 9, 2018, following a report by a woman, the sister of a nine-year-old girl, who alleged Mngomezulu raped her in September 2017.
The young girl’s medical examination and statement, obtained post-arrest, confirmed injuries consistent with the accusation.
However, the charges against Mngomezulu were withdrawn in October 2018 due to insufficient evidence.
Notably, this included the absence of a statement from a key witness, a friend of Mngomezulu, who later denied knowledge of the incident.
It was alleged that Mngomezulu raped the young girl at the friend’s house after a drinking session. Wilson criticised the arresting officer, Sergeant Xolisa Mbiza, for acting on instructions without assessing evidence.
“Mbiza’s failure to critically analyse available information was grossly incompetent,” Wilson stated.
“He wrongly believed an instruction and an allegation sufficed for a warrantless arrest.”
Mbiza admitted during testimony that he had not read the sister of the victim’s statement before arresting Mngomezulu, relying solely on colleagues’ directives.
Criminal Procedure Act violated
The court found that Mbiza’s actions violated the Criminal Procedure Act, which requires reasonable suspicion for a warrantless arrest.
“The officer’s incompetence not only wronged Mngomezulu but also failed the victim and her sister who sought justice,” Wilson added.
The prosecution’s case, while not malicious, collapsed due to inadequate evidence, leaving the alleged crime unresolved.
The malicious prosecution claim against the minister of police and the national director of public prosecutions was dismissed, as Wilson found no evidence of malice.
“The arrest was inept, not malicious,” he said, highlighting Mbiza’s lack of awareness rather than intent to harm.
Mngomezulu spent 15 days in custody before being granted bail. The court also ordered the police minister to cover Mngomezulu’s legal costs. — SW
