This blog was co-authored by Katelyn-Mae Carter, Candidate Attorney.

On 13 February 2025 the high court ordered the Minister of Police to pay R800,000 in damages for the unlawful arrest and detention of a man accused of rape. The case, which underscores the critical importance of thorough investigation and adherence to legal protocols, highlights significant lapses in police procedure.

The plaintiff, whose identity remains unstated to protect his dignity, was arrested on March 26, 2020, by the South African police services. The arrest was made under Section 40(1)(b) of the 1997 Criminal Procedure Act, which allows for arrest without a warrant on reasonable suspicion of a Schedule 1 offence. The plaintiff was accused by his neighbour of raping her minor daughter.

Following his arrest, the plaintiff was detained at the police station for four days before appearing in the local magistrate’s court, where he was denied bail. The conditions in the police cells were deplorable, with non-functional toilets due to a lack of water. After his court appearance, the plaintiff was transferred to prison, where he remained in custody from 30 March 2020 to 18 May 2020, when the charges were finally withdrawn. The overcrowded prison conditions forced inmates to sleep on the floor with only a blanket.

A pivotal aspect of this case was the plaintiff’s physical condition—he had no genitals, making the rape accusation implausible. This crucial fact was not communicated to the arresting officers at the time of arrest. On 30 March 2020, the plaintiff’s father informed the investigating officer of his son’s condition, supported by a report from a previous incident in Soweto.

The court emphasised that arrests without a warrant are presumed wrongful unless the arresting officer can prove their lawfulness. The court found that the investigating officer failed to investigate the facts adequately and did not inform the prosecutor of the plaintiff’s inability to commit the alleged offence. This negligence directly led to the plaintiff’s prolonged and unjust detention.

The court’s decision to award R800,000 in damages reflects the severe impact of the investigating officer’s failure to act on critical evidence. This case serves as a reminder of the importance of diligent police work and the protection of individual rights within the justice system.

Read the full judgment here.