It has come to light that the SAPS, or, ultimately, the taxpayer, had to pay about R2.2 billion for wrongful arrests and detentions since 2018.
A judge said the reality of the police, the prosecuting authority and the courts in their battle against crime was that they had to make split-second decision to arrest suspects and make complicated choices on whether to release the suspects or prosecute them.
Judge JM Opperman, sitting in the Gauteng High Court, Johannesburg, turned down an application for R650 000 in damages by a Lesotho national, Fako Chetane, against the SAPS and the National Prosecuting Authority after he was detained for 10 days on domestic violence charges.
He appeared in court over three months or so before the case against him was withdrawn as the matter was mediated between the parties.
In the opening to her judgment, Judge Opperman said the SAPS and prosecuting authority often come face to face with domestic violence cases, which were challenging and complicated to deal with.
“It is emotional and often grim; the people involved and evidence are also unpredictable. The battle against criminal anarchy that threatens our society is grave,” the judge said.
While Chetane had complained about the fact that he had to spend a few nights in jail, the judge said the police, the prosecuting authority and the court would surely have been confronted with severe criticism and liability had the plaintiff not been arrested and the complainant and her family come to harm at the hands of Chetane if he had been released without proper adjudication.
Chetane was first arrested in April 2021and released the same day on warning, after he allegedly threatened to kill his former girlfriend and her child.
He was warned to stay away from her. The law on domestic violence was explained to him.
Chetane was arrested for a second time after he went to the complainant’s brother to explain to him that the complainant was not sleeping at home anymore. It was decided between them that Chetane must go to the manager of Shoprite where the complainant was employed “to help bring them together”.
But he was again arrested when he allegedly assaulted the woman at the shop and chased her around. Her colleagues had to lock her in one of the storerooms to get her out of harm's way.
This time, Chetane was put behind bars for 10 days, so that the SAPS and prosecutor could confirm his details as he is not a South African citizen.
His girlfriend moved away and insisted that her whereabouts not be disclosed to Chetane.
In referring to the fact that even after being warned to stay away from her, Chetane went to her work with her brother, the judge said it showed disrespect for the right of the complainant to decide her fate and privacy.
“Two men took a decision as if she does not have any recognition under the Constitution as a human being in her own right,” the judge said.
She said the law enforcement agencies in the country often had to make split-second decisions on whether to arrest the suspect and make complicated choices on whether to then prosecute or release the suspect.
Domestic violence cases were examples of the predicaments and were challenging and complicated to deal with.
Judge Opperman said the arresting officer had made sure of his facts before he had arrested the plaintiff and he had applied the law in relation to domestic violence.
He had realised that the women’s life was in danger, the judge said in ruling in favour of the SAPS and turning down the damages claim.
Pretoria News