A court has ordered the South African police minister to pay R800,000 in damages to a man who was wrongfully arrested and detained for allegedly r@ping a neighbour’s child.
The case, which has drawn widespread attention, involved a man who, due to a childhood accident at the age of 12, lacks genitalia, making the accusation biologically impossible.
The man, whose identity remains confidential, pursued legal action in the KwaZulu-Natal High Court in Pietermaritzburg, seeking compensation for his unlawful arrest and the 54 days he spent in detention. The charges against him were eventually dropped by the National Prosecuting Authority (NPA), leading to his release. However, the court dismissed his claim for malicious prosecution against the NPA, as the case was withdrawn before it proceeded to trial.
On March 26, 2020, the 26-year-old was arrested at his home in Ladysmith, KwaZulu-Natal. His father informed the investigating officer about his son’s physical condition, which should have immediately ruled out the r@pe allegations. Despite this, the information was ignored, and the man was detained without bail.
Initially held at a local police station, he was later transferred to the Ladysmith Correctional Centre, where he remained in custody until May 18, 2020, when the charges were withdrawn.
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.
