Pietermaritzburg Man In for R3.4 Million Payday After Spending Over 2 Years in Jail Following Malicious Arrest

Pietermaritzburg Man In for R3.4 Million Payday After Spending Over 2 Years in Jail Following Malicious Arrest

  • A man's nightmarish ordeal at the hands of SAPS has led to R3.4 million compensation, exposing the impact of a malicious arrest
  • The KwaZulu-Natal High Court ruled that the police minister must pay Mdunyiswa Mtolo damages following his two-year and eight months unjust detention
  • Judge Rob Mossop condemned the police for subjecting Mtolo to such horrendous treatment that stripped him of his dignity

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PIETERMARITZBURG - A Pietermaritzburg man’s years-long torment at the hands of the South African Police Service (SAPS) had ended in redemption and a big payday.

The KwaZulu-Natal High Court awarded a Pietermaritzburg man R3.4 million in damages after SAPS maliciously arrested him
A Pietermaritzburg man was awarded R3.4 million in damages after SAPS failed to arrest and detain him properly. Image: Chanin Nont & Chris Ryan
Source: Getty Images

The KwaZulu-Natal High Court has awarded Mdunyiswa Mtolo a staggering R3.4 million in damages for enduring an agonising two years and eight months behind the walls of New Prison in Pietermaritzburg following a malicious arrest that shattered his life.

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Defined as an arrest without adherence to proper legal procedures in the Potchefstroom Electronic Law Journal, a malicious arrest strips individuals of their liberty, leaving scars beyond physical confinement.

Pietermaritzburg man nabbed for housebreaking

Mtolo's plight began in September 201, when he was arrested in connection to a housebreaking case and the theft of saddles and a motor vehicle, GroundUp reported.

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Judge Rob Mossop, presiding over Mtolo's case, was appalled by the disregard for due processes and the harrowing mistreatment that marked the two years of his detainment. Blankets in the two police station cells where he was kept for four days were soiled with vomit, with walls bearing the haunting stains of blood allegedly from previous occupants.

The man was also denied bail based on the fabricated testimony from the investigating officer on the case. The officer claimed that Mtolo was arrested in a stolen vehicle when, in reality, the man was apprehended at his workplace in full view of his colleagues.

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Pietermaritzburg man’s abuse continues in New Prison

The abuse continued when Mtolo was transferred to New Prison. The man was forced to strip naked and jump around in front of prison officials and inmates to prove he was not hiding contraband. Mtolo had to do this every time he returned to prison, meaning the degrading spectacle was repeated at least 37 times.

Mossop condemned Mtolo’s treatment, saying:

"The malice that was found to exist is intensely upsetting. When those that are required to protect society prey on it, then society is in trouble."

Police Minister Bheki Cele has been ordered to pay R3 million for malicious arrest and detention, another R300 000 for impairment of dignity and R67 200 for loss of earnings.

SA floored by Pietermaritzburg man’s ordeal

Below are some comments:

@WriteGarth criticised

"Absolutely unbelievable that this can happen in present-day South Africa, given our history. A Kafkaesque nightmare."

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@kmosebetsi said:

"Wonder if the police will be held to account. Probably won't happen."

@smitha2704 questioned:

"Will he actually ever receive that money?"

@Shingi_Lana claimed:

"That’s not enough."

@MmirwaMotlokwa added:

"That's peanuts. At a minimum, he deserves R20m."

@kaya_kenneth comdemmed:

"Domkops of SAPS messing up people's lives as always."

Bheki Cele in hot seat over highway VIP unit assault

In another story, Briefly News reported that Police Minister Bheki Cele was called to Parliament on Wednesday, 16 August, to elaborate on the assault by the VIP protection unit on the Fourways highway.

A video of eight VIP protection police officers brutally assaulting three men was shared online and was widely criticised by South Africans. The men were later confirmed to be part of Deputy President Paul Mashatile's security detail.

Cele answered the question on many South Africans' minds: whether the deputy president was in one of the vehicles that stopped on the side of the road to assault the three men.

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Source: Briefly News

Authors:
Lerato Mutsila avatar

Lerato Mutsila (Current affairs editor) Lerato Mutsila is a journalist with 3 years of experience. She obtained a Bachelor of Arts in Journalism from Pearson Institute of Higher Education in 2020, majoring in broadcast journalism, political science and communication. Lerato joined the Briefly News current affairs desk in August 2022. Mutsila is also a fellow of the 2021/2022 Young African Journalists Acceleration programme, which trained African journalists in climate journalism. You can contact Lerato at lerato.mutsila@breifly.co.za