Court awards R850 000 to man wrongfully detained for 120 days
In granting a man who had to spend 120 days in police custody while he was innocent of committing a crime R850 000 in damages, payable by the police, the court commented that what had happened to the man during his incarceration was simply horrendous and inhumane.
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Next
Stay
Close ✕
Serame Tikoe claimed more than R1million in damages before the North West High Court, sitting in Mahikeng following his nightmare ordeal. He painted a bleak picture to the court of how he had to witness fellow inmates being raped. He also had to hand out cigarettes to gang members in return for protection.
Tikoe, 39, testified that on the afternoon of September 1, 2022, he was on his way to a butcher in Potchefstroom. A male police officer whom he later came to know as Myburgh stopped the plaintiff and told him he wanted to talk to him.
Myburgh took the plaintiff's hands and held them behind his back, pushed the plaintiff to the ground and handcuffed him, before pushing him into a police van. This was done in the presence of the public.
At the Potchefstroom police station, the plaintiff was told that he was being arrested for armed robbery and possession of ammunition.
Tikoe had no knowledge of the armed robbery, nor did the police tell him where and when it had happened. He was later taken to Bougroep prison where he remained in custody until February 15, 2023, when he was cleared of any wrongdoing and released.
He told the court that the police cells at Potchefstroom police station were small. There were about 20 people in the cell and he could not bathe because there was no water in the cell.
The blankets were filthy and he was placed in a cell with members of a gang, who took his food. The plaintiff did not have any visitors at Potchefstroom police station because his family did not know he was arrested.
At Bougroep prison, there were 45 people in a cell. They were given two slices of bread, porridge and tea in the morning. At lunch time, they were given pap and a piece of bone; the plaintiff emphasised that it was literally a bone with no meat.
Here he was put in a cell with gang members and he had to witness people being raped in the cell. When the plaintiff had visitors and they gave him cigarettes, he would give the cigarettes to the members of the gang for protection.
At the time of his arrest, his girlfriend, who was pregnant, lost the baby. The plaintiff believes this is because he was not there to support her.
The court said apart from the horrendous conditions in the cells, the manner in which Tikoe was arrested was also troublesome, as the arresting officer had no regard for the plaintiff's rights, Acting Judge T. Masike said.
The police, meanwhile, conceded the fact that Tikoe's rights were infringed on and it did not defend the damages claim.
In deciding on how much damages to award, Judge Masike said he is mindful of the Supreme Court of Appeal's warning that exorbitant amounts are often claimed by litigants and sometimes awarded lavishly by our courts.
'Amounts should not be 'thumb-sucked' without due regard to the facts and circumstances of a particular case,' he said, in concluding that R850 000 was reasonable in this case.
zelda.venter@inl.co.za
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
10 hours ago
- IOL News
Somerset West taxi tensions rise, leading to public safety concerns
Authorities have deployed additional officers to Somerset West in response to escalating taxi violence. Image: Ayanda Ndamane/Independent Newspapers In the wake of ongoing taxi violence in the Lwandle and Somerset West District, six taxis were impounded on Monday after the City's Safety and Security Directorate and SAPS were deployed in the area. This follows a weekend of mayhem after seven people were shot at Mfuleni taxi rank leaving four dead and three wounded. On Saturday an 8-year-old boy was wounded by a stray bullet and a taxi driver killed in Strand. City traffic officials on Monday established road closures after taxis blocked some of the routes in the vicinity of the Public Transport Interchange, and motorists were advised that Victoria Road between the N2 and Reitz Street were closed. Police spokesperson , Captain FC Van Wyk said their units would remain on site after impounding the taxis: 'Be advised that POPS took action to disperse the crowd after consultation with the drivers to remove their taxis to not obstruct the roads. Six taxis have been impounded under the Criminal Matters Amendment Act. No arrest as yet, investigations continue. POPS will stay on the scene to monitor the situation.' Meanwhile the Western Cape Education Department confirmed that one school. Located in proximity to the taxi rank, closed on Monday. In videos shared by the public, people could be seen running as rubber bullets were dispersed. By the afternoon, the City's traffic spokesperson, Kevin Jacobs, confirmed that roads were reopened. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Mayco member for Safety and Security, JP Smith, said: 'We have deployed more officers across the various departments amidst the rising tension between the two biggest taxi organisations. 'We are hopeful that the issues can be resolved amicably, and that no further harm comes to anyone. That said, our staff will not hesitate to act if need be, to ensure public safety.' Police spokesperson, FC van Wyk, on Monday said no serious incidents were reported or any arrests made. Following a mass shooting in Mfuleni on Friday, in which four people were killed and three wounded, South African National Taxi Council (Santaco) chairperson, Mandla Hermanus, said they were disturbed by the deadly shooting. 'We urge all operators to remain calm and exercise maximum restraint. This incident must not be allowed to derail the efforts under way to build peace and unity within the taxi industry across the province.' Somerset West experienced heightened tensions as taxi violence lead to road closures and increased police presence to ensure public safety. Image: Ayanda Ndamane, Independent Newspapers Cape Organisation for the Democratic Taxi Association (Codeta) said they were also outraged by the spate of violence and cited the background, which was as a result of route prohibitions. 'As you may be aware, Codeta Regional Taxi Council had written to the Western Cape Department of Transport and the MEC of Transport, on August 29, 2024, to advise of the partial service of the M18 route due to prohibitions on our operators returning with passengers. "Despite a notice sent on June 3, 2025, to resume operations, upon resumption of the service, operators from Cape Amalgamated Taxi Association (Cata) prohibited legal operations, which resulted in a meeting being called for next week. "Unfortunately, this dispute escalated into violence, resulting in the tragic loss of life. Our efforts to engage with the Provincial Government and the City of Cape Town, and the lack of appropriate regulatory provision have put our operators at risk. 'We believe that the failure to provide a robust regulatory framework has put our operators at very high risk. We demand that the Western Cape Government takes immediate action to address these challenges, but we need urgent action to prevent further loss of life.' Get your news on the go, click here to join the Cape Argus News WhatsApp channel. Cape Argus
IOL News
2 days ago
- IOL News
US travel advisory reveals 'bigger issues at play' in diplomatic ties
US President Donald Trump uses an image taken in Congo as proof of his claims that there is a genocide against Afrikaner farmers in South Africa. Image: AFP The United States government has revised its travel advisory to South Africa after President Cyril Ramaphosa met with Donald Trump at the White House, raising concerns that these may be further attempts to paint the country as a no-go zone. This latest level 2 travel advisory warning its citizens to be cautious when visiting the country, issued on May 27, comes hot on the heels of Ramaphosa's recent visit to Washington where he and his delegation pleaded with Trump to reconsider some of his recent views about a white genocide in South Africa. The advisory urges American citizens to exercise increased caution in South Africa due to crime, terrorism, civil unrest, and kidnapping. 'Violent crime is common and includes robbery, rape, carjacking and mugging. There are also "smash-and-grab" attacks on vehicles. Violent crime is more common in the downtown areas of big cities, especially after dark. "Kidnapping is a threat in South Africa. Kidnappers target US citizens and other foreign travelers to steal money. Captors often force victims to withdraw cash or give online account passwords before they are let go. Though rare, some kidnappings involve demanding ransom from families," it said. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The Department of State also warns about the risk of terrorist violence and urges US Mission staff use fully armoured vehicles. International relations expert Dr Noluthando Phungula said the US was trying to vilify South Africa as part of a bigger issue. The reality is that there are numerous issues that have caused strain, including the Israel-Palestine conflict, BRICS expansion and perceived alignment with Russia and these differences may be well be among the reasons behind Washington's lashing out against Pretoria. "We cannot deny crime remains a major challenge for the country, but the US is capitalising on this defect in painting SA as a no-go zone. Crime in this country remains a huge challenge which is closely tied to the stark inequalities. This reality continues to fuel the negative perceptions of the country," Phungula said.. South Africa has been added to the list alongside Namibia, Botswana, Belgium, Greenland, Denmark, and Germany. Level 2 indicates moderate risk, unlike Level 4 'Do Not Travel' advisories issued for countries such as Sudan and the DRC. The latest advisory comes more than a year after the US State Department issued another updated Level 2 travel advisory to South Africa in February 2024 in which it warned its citizens to exercise increased caution in the country due to crime and civil unrest. Responding to the alert, Minister of Tourism, Patricia De Lille indicated that context is important as South Africa remains one of the most safe and stable countries in the world. "We respect the sovereign right of all nations to provide guidance to their citizens travelling abroad. We also acknowledge the recent meeting between Presidents Ramaphosa and Trump and the subsequent media coverage that has followed. However, it is important to offer broader context and reaffirm our unwavering commitment to ensuring the safety, comfort, and enjoyment of all visitors to our country. Furthermore, the advisory states that there is risk of terrorist violence, including terrorist attacks and other activity, in South Africa. "Due to the risks, U.S. government employees working in South Africa must obtain special authorisation to travel to many informal settlements (townships) in and around Cape Town. U.S. mission staff must use fully armoured vehicles when visiting and visiting hours are limited to 10am to 3pm," it states.
IOL News
3 days ago
- IOL News
KwaZulu-Natal police honour excellence in service at the Provincial Excellence Awards
KwaZulu-Natal Provincial Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi at the South African Police Service KwaZulu-Natal Provincial Excellence Awards at the Durban ICC. Image: Supplied Durban played host to the South African Police Service KwaZulu-Natal Provincial Excellence Awards on Friday night at the ICC, where exemplary police officers were recognised for their bravery and commitment in the line of duty. KwaZulu-Natal Provincial Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi said police in KZN have been working hard to confront hardened criminals. 'If sentiments from residents are anything to go by, police in KwaZulu-Natal are on the right track to deliver the service that they need.' He said during the 2024/2025 financial year, various operations across the province led to the arrest of 144,019 suspects for various crime categories. 'The excellence that we are celebrating tonight is for those members who collectively and individually ensured that 5,016 firearms and over 51,000 rounds of ammunition were removed from the streets.' He said officers also successfully shut down 20,362 illegal shebeens in the province, which prevented murders, rapes, and assaults from happening. 'It has been proven that alcohol is the biggest contributing factor to crime in our province.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ According to Mkhwanazi, what was also being celebrated was officers' exceptional use of their resources and training to safeguard themselves, colleagues, and the public while pursuing dangerous armed criminals. He highlighted that excellent police and community partnership will indeed isolate criminals and create safer communities. 'Excellent detective work by our officers deserves to be celebrated. It takes a focused and dedicated investigating officer to put pieces together until a trail of clues emerges,' he said. Mkhwanazi stated that it was brilliant investigative work by detectives who traced the suspects who shot a South African Revenue Service advocate last year at a hotel in Umhlanga. 'During the year under review, our detectives secured a total of 125 life imprisonment sentences and a total of 1,114 years in jail for 1,239 accused who were found guilty on cases of murder, attempted murder, robbery with aggravating circumstances, and rape,' he said. He noted that KwaZulu-Natal achieved 95% in the summative physical assessment, which is the highest in the country, as well as a firearm competency status of 98%. However, Mkhwanazi said between April 2024 and March 2025, KZN lost six police officers in the line of duty. He said four officers were shot and killed by criminals when they either responded to a robbery in progress or attended to an active crime scene. 'Police in KwaZulu-Natal are policing over 12.4 million counted citizens with just over 19,600 police officers. The killing of one police officer leaves so many community members vulnerable.' General Mkhwanazi congratulated the winners and emphasised that all the nominees deserve to be recognised. 'You are all winners, but only one will ascend this stage and represent you all,' he stated. Provincial police spokesperson Colonel Robert Netshiunda said the biggest winner at the awards was Sergeant Nhlanhla Patrick Mhlongo from Greenwood Park police station in the eThekwini District. Sergeant Nhlanhla Patrick Mhlongo from Greenwood Park police station in the eThekwini District. Image: Supplied Netshiunda said that although he did not formally apply for the Excellence Award, Mhlongo's exceptional investigative work led to his selection. His success in securing convictions, including over 184 years of imprisonment for crimes like murder and armed robbery within a single year, was acknowledged by all 11 district commissioners, three deputy provincial commissioners, and the provincial commissioner. Sergeant Mhlongo solved the kidnapping and murder of a 21-year-old woman last seen in Umhlanga on Christmas Day 2024. He identified her manager as the suspect, who killed her at his home in Inanda and buried her in a shallow grave, according to Netshiunda. Netshiunda said Mhlongo was rewarded with a brand-new vehicle after he was summoned to the commissioner's office for an unknown misconduct; he was surprised and relieved to receive the vehicle instead, leading to tears of joy. Sergeant Msizi Leonard Mkhize, centre, from Mountain Rise police station in Pietermaritzburg. Image: Supplied Another special award went to investigating officer Sergeant Msizi Leonard Mkhize from Mountain Rise police station in Pietermaritzburg, who has cracked complex cases over the past financial year, said Netshiunda. His prize was a boat cruise with his partner. Premier Thami Ntuli said the event is more than just an awards ceremony, but also a moment of national importance. 'It is a pause in our daily fight against crime, to reflect, to recognise, and to reward excellence; it is an opportunity to shine a spotlight on the outstanding men and women in blue who, against all odds, have chosen service over self, duty over comforts, and country over personal gain,' he said. Premier Thami Ntuli congratulated the award recipients, further stating that their achievements are not only a source of pride for their families and colleagues but a beacon of hope for KZN. 'You are an inspiration to your peers and a reminder to all South Africans that excellence in public service is still possible and indeed alive in our police ranks,' Ntuli said. Full List of Winners Admin Employee of the Year: Driver Nkosenye Mshibe from Dundee SAPS. Administrative Clerk Keegan Pillay from Proactive Policing. Colonel Robert Netshiunda from Provincial Corporate Communications and Media Relations. Lieutenant Colonel Cherene Seppings from the Provincial HRDC in Durban. Vispol and Operations Employee of the Year: Sergeant Minenhle Sithole from Mtunzini SAPS. Colonel Ntombizanele Mzotho from Margate SAPS. Warrant Officer Mohamed Raoof from the Provincial Drugs and Firearms Task Team. Detective and Forensic Employee of the Year: Constable Thandeka Buthelezi from Maphumulo Detectives. Colonel Jason McGray from eThekwini Detective Services. Brigadier William Kunene from Detectives: Serious and Violent Crimes. Family Violence, Child Protection and Sexual Offences (FCS) Investigator of the Year: Sergeant Thulisile Mdluli from Newcastle FCS. Captain Koghan Naidoo from Greytown FCS. Family Violence, Child Protection and Sexual Offences (FCS) Team of the Year: Lieutenant Colonel Anjalaydevi Pillay from Port Shepstone FCS Team. Senior Administrative Manager of the Year: Brigadier Y Moodley, Provincial Head: Finance. Senior Operational Manager of the Year - Crime Detection: Brigadier Sipho Kunene, Provincial Head: Murder and Robbery from the Serious and Violent Crime Unit. Station of the Year: Colonel MI Mngadi from uMkomaas SAPS in eThekwini. Woman of the Year: Captain Sphiwo Kunene from Ilembe District - Nyoni Support. Man of the Year: Constable Siyabonga Nkwanyana from uMzinyathi District - OCC. Sports Woman of the Year: Constable Thobeka Phungula from Dundee SAPS. Sports Man of the Year: Constable Simphiwe Ngubane from Provincial Serious and Violent Crimes Tactical Combat Team. Sports Person of the Year Living with Disabilities: Reservist Sithokozile Zulu from Kwambonambi SAPS. Reservist of the Year: Reservist Constable S Kara from Durban North SAPS. Person Living with Disability: Administrative Clerk Nokonwaba Mtsolo, Secretary of the Ilembe District Commissioner. CPF of the Year: T. Govender from Mountain Rise.
