A man accused of breaking into a property was held in custody for more than two years before the charges were dropped, and he was given an R2-million damage award.
In addition to getting HIV while incarcerated, he was also forcedly tattooed. He has now received R2,000,000 in compensation for his losses.
According to Groundup, He was in “awful” detention conditions, according to evidence presented in the Pretoria High Court. He was forcedly tattooed by other detainees and afterwards developed HIV.
His entire body was covered in tattoos when he was returned to the neighborhood. Acting Judge Nkosingiphile Mazibuko stated that the man detests tattoos and that some people at him curiously and suspiciously, as if he were a criminal.
It has not been revealed who the man is. Mr. T is how the ruling addresses him.
What happened?
After being unlawfully detained without a warrant in May 2015, Mr. T filed a lawsuit against the police minister.
He requested bail the next day when he showed up in court. Investigating officer challenged it, and magistrate rejected it.
From 25 May 2015 to 26 July 2017, when the charges against him were dropped for a lack of proof, he was still in jail. “Told to go home,” he received after being freed from detention.
Officers Pogiso Montwedi and Seargent Seleke Molawa both gave testimony. A theft and home invasion had been reported, according to Molawa, who also cited the local school principal. According to him, items like schoolbags and two-liter bottles carrying monies were stolen from multiple classrooms that had been broken into.
Two school bags and a bottle holding monies were discovered at a house after a member of the community pointed the police there. The explanation given to them was that Mr. T. and others had brought them there “for sharing”.
The police found two school bags and another bottle of coins in Mr. T’s room, which his grandmother had shown them when they arrived at his residence.
Mr. T supplied information that enabled the arrest of more defendants after he was taken into custody and after he admitted to having additional items hidden under his bed.
Under questioning from the other side, Molawa was unable to provide an explanation for why the docket contained no statements.
Similar evidence was presented by Montwedi, who concurred that the plaintiff had provided information voluntarily. He acknowledged that every complainant, witness, and suspect had to give a statement to a police officer looking into a case.
Mr. T testified that his friend had delivered the stolen goods to his home. He claimed that the cops had assaulted him when they arrived at his home to take him into custody.
Jail
He loved living with his grandma, and they did so before his arrest. A poor family in struggle, they were. He missed out on precious opportunities and time while he was incarcerated, according to Acting Judge Mazibuko.
The jail, according to Mr. T, is crowded and filthy. He was forcedfully tattooed when there was fighting and bloodshed. He went for a medical procedure while incarcerated and discovered he was HIV positive.
Trauma
‘In her testimony, clinical psychologist Mashudu Malivha said she had evaluated Mr. T and found that his arrest and incarceration had “traumatized” him.
She testified in court that he was “fatigued, suicidal, and withdrawn” and had become severely depressed.
Mr. T needed assistance to reestablish his life, according to Malivha, who said he had neurocognitive deficits.
Mr. T had little to do with the crime, according to acting judge Mazibuko. A friend had provided the items to him for safekeeping, and he had given them to the police along with that information.
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The arrest, according to her, was illegal since the police officers who made the arrest did not appropriately use their discretion.
As a result, the Acting Judge concluded that his detention was not warranted.
“No evidence was presented to this court, including the charge sheet, as to why the bail motion was denied. No help was provided by the police docket either. The investigating officer, who was opposed to bail, chose not to provide a testimony.
Before opposing bail, the investigating officer, according to her, did not appear to have made any effort to speak with Mr. T. or his family.
Regarding quantum, Acting Judge Mazibuko stated that the objective was to provide some “solatium for their damaged feelings,” not to financially benefit the party who had been wronged.
“A fair and acceptable value is R2-million, taking all the relevant elements into account, including the living conditions in detention, the plaintiff getting a tattoo and getting HIV, as well as the duration of two years and one month spent in jail,” she stated.
