A Free State man has been awarded R1 million in damages after the South African police “humiliated and traumatised him.”
Tumelo David Mosala was unlawfully arrested at his home in Bloemfontein in September 2020 in front of his pregnant girlfriend. He said the arrest left him humiliated and traumatised.
Free State Man Wins R1 Million Damages
SowetanLIVE reported that Mosala had initially sought R5 million in damages, citing his unlawful arrest and seven-month detention at Grootvlei prison. He said police officers humiliated him during the arrest and injured his right to safety and security.
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According to the judgment delivered last week, police officers arrived at Mosala’s flat with firearms. Mosala, who was naked at the time, rushed downstairs after hearing his girlfriend scream.
“The plaintiff was vulnerable when he proceeded downstairs, in his own home, where the police officers were waiting,” acting judge PR Cronje said.
The officers allegedly pointed their firearms at him and instructed him to lie on the floor, which he did. Mosala, who had an open fracture in his leg from a recent surgery, pleaded with the officers to verify his alibi for a robbery, saying he was in the hospital at the time. His request was ignored.
What Happened After The Arrest?
In court, Mosala said he was initially held in a police cell for two days before being transferred to Grootvlei prison, where he was detained for seven months. During this time, he endured poor conditions, including a lack of privacy and being given only a sponge mattress without sheets or blankets.
Cronje emphasised the importance of treating suspects with dignity. “His request that his whereabouts on the alleged robbery day be verified at the hospital fell on deaf ears,” the judge said.
Mosala’s girlfriend, who was pregnant at the time, was left frightened, adding to the psychological toll on him. He also missed the birth of his son due to his detention.
“Our constitution places a high premium on all persons’ physical and psychological integrity. He suffered infringements on both,” Cronje concluded.