A North West man who was never charged but spent three days in police custody, has been awarded R75,000 in damages by the North West High Court.
Sipho Lesomo, 37, was never formally charged by the police, but he was detained for three days before being released before going to court.
North West Acting Judge President Andre Henry Petersen handed Lesomo an award of R75,000 against Police Minister Bheki Cele, as the State attorney did not present evidence in court.
Lesomo, who was 30 at the time of his unlawful arrest and detention, told the court he lost his job at the Thaba Thula Game Farm as a result of his arrest.
He is currently a pig farmer based in Vrede.
At the time of the arrest, the father of six had been left a message at his home by a police investigating officer who said he should report to the local Madikwe Police Station regarding a criminal charge against him.
When he reported to the police station, the officer who had left the message for him, was apparently in court. The officer was notified and he instructed other officers to ensure Lesomo was arrested.
They complied, and Lesomo was arrested and placed in the police cells, where he said he was kept for three days in a small cell with five detainees who threatened him.
He also complained that there was no water available in the holding cell and that he could not bath himself.
He said there were no beds or mattresses to sleep on, and they had to sleep on the floor with blankets, while the food was not up to standard.
Judge Petersen said: "The plaintiff (Lesomo) was summarily detained from December 2, 2016 to December 5, 2016 without being appraised of the criminal charges being investigated against him, and there is no evidence that any attempts were made to formally charge him before he was taken to court.
"Arbitrary arrests and detention in these circumstances cannot be countenanced by the courts. This plays an important factor in the assessment of the damages to be awarded. No apology has been tendered to Lesomo by the defendant (the police) for this arbitrary conduct of its servants," said Judge Petersen.
Judge Petersen said Lesomo was exposed to unhygienic conditions in the cell, which were a violation of his right to dignity.
"The holding cell was small and housed five detainees who had to sleep on the floor having only the use of blankets.
"The food provided was, on the evidence of the Lesomo, of poor quality, save for the meal provided on the Sunday," he said.
In explaining the principle of awarding damages to Lesomo, the court took into account the circumstances under which he was arrested, the presence or absence of improper motive or malice on the part of the police, the conduct of the police, the nature of the deprivation, Lesomo’s status and standing, the presence or absence of an apology or satisfactory explanation of the events by the police, awards in comparable cases, the publicity given to the arrest, the simultaneous invasion of other personalities and constitutional rights, and the contributory action or inaction of Lesomo.
Judge Petersen ordered that a fair amount of R75,000 be paid to Lesomo due to the "peculiar circumstances attendant upon the arrest and detention of Lesomo from December 2, 2016 to December 5, 2016". It was also ordered that interest of 10.5% per annum be charged from the day of judgment until the payment is finalised.
The judge also ordered the police to pay for Lesomo's costs on a party-and-party basis.
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