North West man wins court case over unlawful arrest by SAPS. Images credit: X @ SA Police Service
(The Post News)- The South African Police Service (SAPS) has been directed by the North West High Court to compensate a 33-year-old Ventersdrop resident R60,000 for unlawful arrest on January 3, 2023. The court handed down its judgment on Wednesday.
The victim was taken into custody at his home, in the presence of his girlfriend, community members, and his three children, aged five, six, and ten. It is important to note that the victim uses a prosthetic leg. Reports that the arrest was carried out without a warrant.
“When the police arrested me, my children were in tears. They tried to come to me, but the officers stopped them. It was a heartbreaking and traumatic experience, “said the father of three.
The victim described the condition of the holding cell as a poor, with filthy mattresses, a broken toilet, and an unwashed blanket.
According to the reports, the victim was later transferred to a smaller, overcrowded cell with broken windows. He was eventually released without any charges or explanation.
The acting judge, Charlotte Oosthuizen-Senekal, highlighted the infringement of the victim’s constitutional rights, noting the potential impact the arrest may have had on his disability, as well as the emotional harm it could have caused his children.
The victim has required R150,000 in compensation, but he was awarded R60,000, as the court cited the lack of substantiated claims to support the full amount.
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