Years in jail for no reason – new court case exposes disturbing abuse by South Africa’s police
A recent judgment by the High Court in Kwa-Zulu Natal revealed a concerning reality that South Africans could be jailed for years with no cause – and the court is holding police minister Bheki Cele responsible.
On Wednesday (23 August), High Court Judge J. Mossap handed down his judgment in the case of Mdunyiswa Mtolo (plaintiff) vs the Minister of Police Bheki Cele (defendant) – finding that the plaintiff was detained for two years and eight months without any evidence or reason.
“Regarding the detention and prosecution of the plaintiff, the evidence points strongly to the possibility that Bheki Cele and his servants (SAPS members)…acted in concert and conspired to fabricate evidence against the plaintiff, which formed the basis for his detention and prosecution charges of theft,” said Mossap.
When the plaintiff applied for bail at the Richmond Magistrate’s Court, the investigating officer opposed the application and testified that the plaintiff had been arrested in the stolen motor vehicle.
However, in truth, he had been arrested at his place of employment and not in a stolen motor vehicle. The acting judge found further that a police witness had lied.
“Apart from the evidence of those police officials involved in the conspiracy, there is not a single iota of independent and objective evidence against the plaintiff linking him with either the theft of the motor vehicle or the theft of the saddles, yet he was charged with both,” said Mossap.
The acting judge found that the SAPS witnesses had acted with malice.
The case against the plaintiff was based on the lies and the absence of evidence implicating the plaintiff in any of the charges. The SAPS also had no evidence of the investigation of the motor vehicle case because they knew that the plaintiff was not involved in that matter.
“It is a sad indictment of the justice system generally that a matter can be prolonged for this length of time without judicial objection, only for all the charges to be withdrawn,” said Mossap.
“The facts of this case are troubling. Firstly, there is the length of the deprivation of liberty. Two years and eight months is a substantial period to lose from a human life. Secondly, the malice that has been found to exist is intensely upsetting and causes doubts to continue about the rectitude of the SAPS,” he added.
Bheki Cele was ordered to pay the plaintiff an amount of R3,367,200. This includes R3 million for malicious arrest and detention, R300,000 for impairment of dignity, good name and reputation, and earning losses of R67,200.
“It must have been a shocking and unnerving experience for the plaintiff, and it appears that he was failed by those who ought to have helped him. The powerlessness of his situation must have been overwhelming,” noted Mossap.
Not the first time
While the findings of this case are disturbing, it is not an isolated event, as the court revealed that there were several known cases where South Africans where arrested and detained for no reason.
The court highlighted five notable cases, which included:
- Buthelezi v Minister of Police and others – awarded an amount of R1.6 million for detention for a period of 388 days.
- Mkhize v Minister of Justice and Constitutional Development – awarded an amount of R2 million for detention for a period of 2 years and 3 months.
- S v L and another v Minister of Police and others – awarded an amount of R3.5 million for detention for a period of 6 years and 11 months.
- Msongelwa v Minister of Police and others – awarded an amount of R5 million for detention for a period of 5 months.
- Lebelo v Minster of Police – awarded an amount of R5 million for detention for a period of 101 days.
Including the most recent case and those listed above, Cele and the SAPS have been ordered to pay over R20 million to victims of malicious arrest and detention.
“When those who are required to protect society, in fact, prey upon it, then society is in trouble,” said Mossap in his most recent judgement.
The full document can be accessed below.
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