Latest news with #Nkambule
IOL News
07-08-2025
- IOL News
Wrongfully imprisoned man to receive R750 000 compensation
A man who was due to be released from prison as the court had overturned his conviction and sentence, sat for 77 days longer as the officials simply did not get around to securing to his release. Image: FILE A man who served nearly eight years in jail for a crime he did not commit, and a further 77 days when he was eventually cleared on appeal after the departments of Justice and Correctional Services did not get around to order his release, will receive R750 000 in damages. The Mpumalanga High Court, sitting in Mbombela, found that Wonder Nkambule was arbitrarily deprived of his freedom and should be compensated. Nkambule had been sentenced to life imprisonment in November 2013. The judgment and sentence were subsequently successfully appealed against in December 2021. An order for the immediate release of the plaintiff was given on the same day. But the order for the liberation of Nkambule was not timeously transmitted to the personnel of Correctional Services, as it should have been. As a result of this failure, he was only released from his detention in March 2022. The court noted that detention is, in and by itself, unlawful. The onus rests on the detaining officer to justify it. The Constitutional Court on numerous occasions remarked that the Constitution guarantees that everyone has the right to freedom and security of the person, which includes the right not to be deprived of freedom arbitrarily or without just cause. It was argued on behalf of the Department of Correctional Services that the delay in releasing the plaintiff was occasioned by personnel in the Department of Justice. This argument becomes academic when one considers that the departments fall under the same ministry, the court remarked. Video Player is loading. 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Next Stay Close ✕ It said a finding that the delay was occasioned by the Department of Justice will render the same minister for Correctional Services liable to compensate the plaintiff. The court, however, found that on the facts before it, the delay was occasioned by the Department of Justice in delaying to timeously remit the warrant of liberation to the Department of Correctional Services. The court said in its view, this is a matter wherein it has to make a sound estimate of an amount which seems to be fair and reasonable. In doing so, it was considered that Nkambule was detained for 77 days after the Supreme Court of Appeal had cleared all the charges and subsequent life sentence earlier meted out against him. The court was satisfied that the plaintiff successfully proved, on a balance of probabilities, that his detention was unlawful. In the assessment of damages for unlawful arrest and detention, it is important to bear in mind that the primary purpose is not to enrich the aggrieved party, but to offer him or her some much-needed solatium for his or her injured feelings. 'It is therefore crucial that serious attempts be made to ensure that the damages awarded are commensurate with the injury inflicted. However, our courts should be astute to ensure that the awards they make for such infractions reflect the importance of the right to personal liberty and the seriousness with which any arbitrary deprivation of personal liberty is viewed in our law,' the court said.
IOL News
06-08-2025
- IOL News
The fight for freedom: Wonder Nkambule's journey from injustice to compensation
A man who was due to be released from prison as the court had overturned his conviction and sentence, sat for 77 days longer as the officials simply did not get around to securing to his release. Image: File The tragic tale of a man who served nearly eight years in jail for a crime he did not commit, and when he was eventually cleared on appeal sat in jail for a further 77 days as the departments of Justice and Correctional Services did not get around to order his release, unfolded in court. Wonder Nkambule eventually received some justice after the Mpumalanga High Court, sitting in Mbombela, ordered the department to pay him R750,000 in damages. Nkambule had been sentenced to life imprisonment in November 2013. The judgment and sentence were subsequently successfully appealed against in December 2021. An order for the immediate release of the plaintiff was given on the same day. But the order for the liberation of Nkambule was not timeously transmitted to the personnel of Correctional Services, as it should have been. As a result of this failure, he was only released from his detention in March 2022. The court noted that detention is, in and by itself, unlawful. The onus rests on the detaining officer to justify it. The Constitutional Court on numerous occasions remarked that the Constitution guarantees that everyone has the right to freedom and security of the person, which includes the right not to be deprived of freedom arbitrarily or without just cause. It was argued on behalf of the Department of Correctional Services that the delay in releasing the plaintiff was occasioned by personnel in the Department of Justice. This argument becomes academic when one considers that the departments fall under the same ministry, the court remarked. 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 Next Stay Close ✕ Ad loading It said a finding that the delay was occasioned by the Department of Justice will render the same minister for Correctional Services liable to compensate the plaintiff. The court, however, found that on the facts before it, the delay was occasioned by the Department of Justice in delaying to timeously remit the warrant of liberation to the Department of Correctional Services. The court said in its view, this is a matter wherein it has to make a sound estimate of an amount which seems to be fair and reasonable. In doing so, it was considered that Nkambule was detained for 77 days after the Supreme Court of Appeal had cleared all the charges and subsequent life sentence earlier meted out against him. The court was satisfied that the plaintiff successfully proved, on a balance of probabilities, that his detention was unlawful. He was thus arbitrarily deprived of his freedom and he should be compensated. In the assessment of damages for unlawful arrest and detention, it is important to bear in mind that the primary purpose is not to enrich the aggrieved party, but to offer him or her some much-needed solatium for his or her injured feelings. 'It is therefore crucial that serious attempts be made to ensure that the damages awarded are commensurate with the injury inflicted. However, our courts should be astute to ensure that the awards they make for such infractions reflect the importance of the right to personal liberty and the seriousness with which any arbitrary deprivation of personal liberty is viewed in our law,' the court said.
IOL News
23-06-2025
- Politics
- IOL News
Court ruling provides interim relief for indigenous farmers fighting for land rights
A Mpumalanga court has granted two brothers temporary permission to graze livestock on disputed land, ruling that their ownership claim had been overlooked. Image: Karen Sandison/ Independent Newspapers A Mpumalanga court has granted two brothers temporary relief, allowing limited grazing on a piece of land whose ownership is disputed, arguing that their claim to the land was ignored. The Judge said that the two brothers 'were excluded from a statutory process through no fault of their own'. The court found that interim relief was justified but because the state failed to process the Mnisi claim alongside that of 93-year-old Kuyiti Nkambule's. According to the ruling, the Registrar of Deeds as well as Land Reform and Rural Development Department must investigate the Mnisi brothers' claim to rights over a part of a farm in Mpumalanga. It also stated that the registrar must register a caveat over part of a property in Komatidraai, restricting transfer or sale of the property 'pending the finalisation of the applicants' labour tenant claim'. In awarding temporary relief to the brothers, the court noted that, should the Registrar of Deeds as well as Land Reform and Rural Development Minister, Mzwanele Nyhontso, fail to act in accordance with the judgment, there would be 'severe' consequences. Elvis and Philemon Mnisi brought the urgent application as part of a broader effort to have their late father's labour tenant claim properly processed under the Land Reform (Labour Tenants) Act. The final decision, which the court said is not a ruling on the merits of their case, acknowledges that their exclusion from the official land reform process may have prejudiced their rights. At the heart of the dispute is a part of a farm in Komatidraai, currently being transferred to Nkambule, who was granted the land under a 2022 court-approved settlement to graze cattle. While the Mnisi brothers, who also want part of the land so their 27 cattle can graze, do not dispute that Nkambule followed the correct legal process to secure use of the land, they argue that their father's claim was submitted around the same time and then ignored by the Department of Land Reform and Rural Development. The two families, the court said, were both relocated from the same original farm when it was converted to game use, but only one was granted secure tenure over a part of it that had viable grazing land. They said, the judgment noted, that Nkambule family had settled on the farm in terms of an agreement signed with the Department. The Mnisi family remained on the other side of the road, where they were restricted in the number of cattle they could keep. 'The limited carrying capacity of the land led to overgrazing, resulting in the death of some cattle,' the ruling said. The judge emphasised that the ruling does not strip Nkambule of his rights. Rather, the relief is temporary, narrowly tailored, and designed to 'preserve the fairness and integrity of the broader process'.
The Citizen
12-06-2025
- The Citizen
Fourth disappearance reported – have you seen Khulekani?
A fourth missing persons case has been reported to the Middelburg Observer in the last month. • The Nkambule family from Hendrina and Siyathuthuka is pleading with the community in Kriel for assistance in locating their loved one, Khulekani Nkambule (23). He was last seen May 23 in Kriel, at the time of disappearance he was wearing all black clothes. Anyone with information that could assist in locating Khulekani Nkambule is asked to please call Siyabonga Nkambule on 076 368 1397. Nkambule's disappearance follows shortly on the following missing persons, all of whom have been reported to the Middelburg Observer: • Thabisile Thabethe (36), was last seen on May 30 at a bar in Blinkpan before heading home, she lives on Welverdiend Farm, and since then the Blinkpan SAPS and community members have been trying to contact her, the K9 unit from Secunda was organised to search with no potential sighting till today. • Meluleki Ndumiso Ncongwane (23) was last seen April 26, at the time of his disappearance he was wearing a grey and red tracksuit with white star sneakers. According to information Meluleki disappeared at around 22:00 between Stoffberg and Belfast Fourways, after being dropped off by a white Kia Picanto. • Hendrina Police are pleading with the public for assistance in locating Johannes Sibanyoni (45). Described as tall and light in complexion, Sibanyoni was last seen on May 25 wearing a blue shirt, brown trousers brown jacket, grey shoes and a black hat. The help of the SAPS and community members who tirelessly work around the clock and being on the lookout is commendable. They play an important role in the investigation processes. These are cases that are complex and can be emotionally challenging for the families and loved ones. The missing cases include the disappearance of minors and adults and it often includes foul play, mental health issues and other factors. Anyone with information about any possible sighting of the above-mentioned can report to their nearest police station. Alternatively, members of the public can call Crime Stop on 08600 10111 or send information via the My SAPS App. All information will be treated as confidential and callers may opt to remain anonymous. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading! Stay in the know. Download the Caxton Local News Network App Stay in the know. Download the Caxton Local News Network App here
