The South African police minister has been ordered to pay R800,000 in damages to a man who was wrongfully arrested and detained for allegedly r*ping a neighbor’s child—despite the biological impossibility of the accusation.
The man, whose identity remains confidential, lost his genitalia in a childhood accident at the age of 12, making the r*pe allegation physically impossible.
He pursued legal action in the KwaZulu-Natal High Court in Pietermaritzburg, seeking compensation for his unlawful arrest and the 54 days he spent in detention.
The charges were eventually dropped by the National Prosecuting Authority (NPA), leading to his release. However, the court dismissed his claim for malicious prosecution, as the case had not proceeded to trial before being withdrawn.
The 26-year-old was arrested at his home in Ladysmith, KwaZulu-Natal, on March 26, 2020. His father immediately informed the investigating officer of his physical condition, which should have ruled out the possibility of rape.
Despite this, authorities ignored the information and denied him bail. He was initially held at a local police station before being transferred to the Ladysmith Correctional Centre, where he remained until May 18, 2020, when the charges were finally withdrawn.
During his time in custody, he endured harsh conditions, including overcrowding, a non-functional toilet, and lack of access to running water. The court criticized the investigating officer for failing to verify his medical condition and for not informing the prosecution, which resulted in his wrongful and prolonged imprisonment.
The judge also condemned the poor conditions in South African correctional facilities, emphasizing overcrowding and the lack of basic human rights standards.
