POLICE ORDERED TO PAY R800K AFTER WRONGFUL ARREST OF RAPE ACCUSED MAN WITHOUT GENITALS
The KwaZulu-Natal High Court has ordered the Minister of Police to pay R800 000 in damages to a 26-year-old man who was wrongfully arrested and detained for 54 days on a rape charge—despite being physically incapable of committing the crime.
The man, whose identity is protected, was accused of raping a neighbor’s child and was arrested by Ezakheni police at his Ladysmith home on March 26, 2020. He was denied bail and remained in custody until May 18, 2020, when the charges were withdrawn after a medical examination confirmed he had no genitals—a result of a traumatic attack he suffered at age 12.
The investigating officer was informed by the man’s father during his first court appearance that his son had been kidnapped in Soweto in 2013 and had his genitals severed. However, the officer failed to verify this information or inform the prosecution, leading to the wrongful imprisonment.
It was only nearly two months later that a doctor examined him and confirmed that he was incapable of committing the alleged crime. The National Prosecuting Authority (NPA) then withdrew the charges.
During his time in custody, the man was held in overcrowded and unsanitary conditions. He described being confined in a tiny police holding cell with a non-functional toilet and no water, forcing him to sleep on a blanket on the floor before being transferred to Ladysmith Correctional Centre.
Despite facing a lawsuit, the police denied any wrongdoing and failed to appear in court to defend their actions. The court condemned their gross negligence and noted that the man never received an apology or explanation for his ordeal.
In awarding damages, the court acknowledged the psychological trauma the man endured and criticized the investigating officer’s failure to act on critical evidence. While the claim for malicious prosecution against the NPA was dismissed—since the charge was withdrawn before trial—the court ruled that the police were responsible for his unlawful detention.
