Court dismisses prosecutions body's reconsideration request in unlawful detention case
The SCA dismissed the application for reconsideration brought by the NDPP who were aggrieved by costs they had to pay to the man who successfully petitioned the SCA in a case of unlawful detention as a result of mistaken identity.
Image: Thobile Mathonsi/ Independent Newspapers
The National Director of Public Prosecutions (NDPP), in a second failed attempt at the Supreme Court of Appeal (SCA) could not show exceptional reasons to have the court reconsider a decision against costs awarded to a man detained unlawfully.
The SCA dismissed the application for reconsideration brought by the NDPP, who were aggrieved by costs they had to pay to the man who successfully petitioned the SCA.
In the matter, Khotso Ramabanta, instituted action against the NDPP and the Minister of Police for damages arising from his arrest on 27 February 2019 and subsequent detention until 20 March 2019, when the charges against him were eventually withdrawn by the prosecution.
The SCA ordered that the Minister compensate Ramabanta R70,000 while the NDPP was ordered to compensate to the tune of R650,000.
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In a case of mistaken identity, Ramabanta - instead of his brother identified as 'Rorisang' - was detained for his alleged involvement in a shooting incident alongside two other suspects and initially failed to disclose his passport or provide an exculpatory statement during investigations.
Ramabanta contended that the NDPP lacked reasonable and probable cause to prosecute.
The NDPP expressed that the prompt withdrawal of charges upon production of Ramabanta's passport demonstrated prosecutorial diligence as opposed to malice. Furthermore, the NDPP challenged the full court's award of R650,000 in damages as grossly disproportionate to comparable cases, citing precedents where significantly lower amounts were awarded for similar or more egregious detentions.
Ramabanta opposed the application for reconsideration and the court found that he argued correctly that the NDPP's mere dissatisfaction with the full court's decision or perceived prospects of success was insufficient
Acting Judge of appeal, Daniel Dlodlo, said: 'The NDPP has failed to demonstrate exceptional circumstances warranting reconsideration of the dismissal of the petition for special leave to appeal. Her arguments largely rehash the merits of the case and do not establish that the refusal of leave would result in a grave injustice or disrepute to the administration of justice. The full court's decision was neither irrational nor misdirected, and the damages award, while high, was not so disproportionate so as to justify intervention.'
chevon.booysen@inl.co.za
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