Dead man's estate wins R800k from police minister

The Citizen

2 days ago

Six months imprisonment on false charges ends in big payout after his death and 'intolerable' conditions
The South Gauteng High Court in Johannesburg recently awarded R800 000 in damages to the family of Thomas Mashudu Mulaudzi, who died in 2021 before seeing justice for his unlawful arrest and detention that lasted nearly six months in 2015-2016.
Judge Seena Yacoob delivered the judgment on 16 July 2025, ordering the minister of police to pay damages with interest dating back to 2016, plus legal costs.
The case was brought by Mulaudzi's sister, Patience Lutendo Mulaudzi, who serves as executrix of his deceased estate.
Mulaudzi, 44, 'died in 2021, apparently from complications arising from the Covid-19 virus', according to the judgment.
He passed away five years after being found not guilty and discharged from charges related to a truck hijacking he had no involvement in.
Background of the case
The ordeal began on 21 December 2015 when Mulaudzi was working as a dispatch clerk at Diplomat Warehouse.
He was called to his superior's office and arrested without being told what charges he faced.
Police handcuffed him and took him to where his employer's hijacked truck was parked.
Despite having no connection to the hijacking, Mulaudzi was denied bail because police provided the magistrate with incorrect address information.
The judgment said that 'bail was denied because the police told the magistrate that Mr Mulaudzi had provided an incorrect address. However, he had not. The police had mixed up his address with that of the driver of the hijacked truck.'
This error resulted in his detention at Modderbee Prison for nearly six months.
Yacoob noted that 'the conditions in the prison were deplorable' and this was 'common cause' between both parties, supported by reports from the judicial inspectorate on correctional services.
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Impact on family and life
The unlawful detention had devastating consequences on Mulaudzi's family life.
As a widower, he was solely responsible for three minor children.
The court found that the children 'were left home alone when he was arrested' and 'he was only able to arrange for their care the following day'.
The psychological impact was severe.
Yacoob recorded that Mulaudzi 'testified that he would have liked to have died in prison because he was being accused of something he did not do'.
The judge described how 'the effects of the arrest and detention on Mr Mulaudzi were clearly extremely traumatic and catastrophic'.
The arrest damaged Mulaudzi's reputation and dignity, particularly as it occurred at his workplace.
When he was eventually released, the judgment noted that 'he did not get his job back because it had already been filled'.
At a subsequent CCMA hearing, his employer claimed he was involved in a hijacking. However, there was no evidence of his involvement.
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Previous legal findings
In 2018, Judge J Twala determined that Mulaudzi's arrest and detention were unlawful.
Yacoob said that 'my brother Twala J determined in 2018 that the arrest and detention of Mr Mulaudzi was unlawful and that the first defendant, the Minister of Police, is 100% liable for Mr Mulaudzi's damages arising therefrom'.
Twala dismissed claims of malicious prosecution and assault but upheld the unlawfulness of the detention.
The recent judgment focused solely on determining the quantum of damages, as liability had already been established.
Yacoob noted that 'the matter is now before me to determine the quantum of damages for which the minister is liable' and that ultimately 'Mulaudzi was discharged because there was no evidence against him'.
Expert medical evidence
Mental health experts retained by both parties agreed that Mulaudzi suffered from post-traumatic stress disorder and major depressive disorder as a direct result of his arrest and detention.
Yacoob described the effects as 'clearly extremely traumatic and catastrophic'.
The judge described how Mulaudzi was transformed from being 'a gainfully employed, respectable member of his community and a caring father' into someone denied basic respect and proper legal procedures.
The court emphasised the broader trauma of incarceration, noting 'the 'ordinary' consequences of being incarcerated in one of South Africa's overcrowded and under-resourced prisons, with all autonomy removed'.
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Criticism of state conduct
The judge strongly criticised the manner in which state officials handled the case, both during the original proceedings and the damages assessment.
'They were unprepared, produced evidence erratically and called irrelevant witnesses,' the judge wrote, emphasising that this criticism applied more to the minister's officials than to legal counsel.
The judge noted that 'unfortunately, the same is still applicable nearly seven years later'.
Despite common cause evidence and similar submissions from both sides regarding appropriate damages, settlement proved impossible.
The court found that 'the matter could not be settled simply because the minister (or the minister's authorised representative) declined to give the appropriate instruction'.
This resulted in unnecessary legal costs and the consumption of scarce judicial resources.
Yacoob observed that 'court resources, which are notoriously insufficient', were applied to 'determine a matter that could easily have been settled'.
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Damages assessment
Legal representatives for Mulaudzi's family argued for damages between R700 000 and R1 million, while the state submitted that R500 000 to R700 000 would be appropriate.
The judge emphasised that quantum determination 'is not a mathematical exercise and that it is not a simple calculation of a daily, weekly or monthly rate'.
She said the assessment must consider the arrest circumstances, detention conditions, duration and the violation of basic human rights, while balancing this against the fact that damages come from public funds.
After considering all factors, Yacoob determined that 'the appropriate amount to be R800 000.'
'I am satisfied that a slightly higher award is justified,' Yacoob said.
Punitive costs order
Beyond the damages award, Yacoob imposed a punitive costs order against the state, requiring payment of the plaintiff's legal costs on an attorney and client scale.
The judge acknowledged that he 'would ordinarily be wary of granting a punitive costs order against the state, as it is public funds at issue and the state has many responsibilities'.
However, he justified the order by finding that the way the minister's officials behaved was deserving of a punitive costs order.
The court ordered the minister of police to pay R800 000 plus interest of 10.5% from 30 August 2016, to be paid within 20 days of serving.
Additionally, the judge ruled that the state cover all plaintiff's legal costs, including expert witness fees and interpreter fees, with interest from the tax date to the payment date.
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