The South African police minister has been ordered to pay R800,000 in damages to a man who was unlawfully arrested and held for allegedly r@ping a neighbor’s child.
The case, which has received worldwide notice, involves a guy who, due to a childhood accident at the age of 12, lacks genitalia, rendering the accusation biologically impossible.
The guy, whose identity is unknown, filed a lawsuit in the KwaZulu-Natal High Court in Pietermaritzburg, claiming restitution for his unlawful arrest and 54 days in detention.
He was eventually released after the National Prosecuting Authority (NPA) withdrew the accusations against him. However, because the case was dropped before it went to trial, the court rejected his allegation of malicious prosecution against the NPA.
The 26-year-old was taken into custody at his Ladysmith, KwaZulu-Natal, residence on March 26, 2020. When his father told the investigating officer about his son’s condition, the r@pe accusations ought to have been quickly disproved.
The man was held without bail in spite of this, and the information was disregarded. He was first detained at a nearby police station before being moved to the Ladysmith Correctional Centre, where he stayed until the charges were dropped on May 18, 2020.
During his detention, he endured harsh conditions, including overcrowding, a non-functional toilet, and a lack of access to running water. The court condemned the investigating officer for failing to verify the man’s medical condition and for not informing the prosecution, which resulted in his wrongful and prolonged imprisonment.
The judge also criticized the poor conditions in South African correctional facilities, highlighting issues of overcrowding and the failure to meet basic human rights standards.
A Gentle Reminder: Every obstacle is a stepping stone, every morning; a chance to go again, and those little steps take you closer to your dream.
Nnamdi Okoli