- Court found his post-acquittal imprisonment violated constitutional rights to liberty and dignity.
- Departments of Justice and Correctional Services blamed for internal delay.
- R750 000 awarded for trauma, loss of dignity, and unjustified deprivation of freedom.
For Wonder Mduduzi Nkambule, the justice system gave with one hand and took with the other. On 16 December 2021, the Supreme Court of Appeal overturned his life sentence and ordered his immediate release. But despite that legal victory, he remained locked in prison, confused, abandoned, and forgotten, for 77 more days.
On 1 August 2025, the Mpumalanga High Court in Mbombela acknowledged that failure and ordered the state to pay R750 000 in damages for unlawful detention.
Nkambule was originally sentenced to life imprisonment in 2013. Years later, he successfully challenged the conviction. But the warrant for his release was never timeously transmitted to Correctional Services due to a breakdown in communication between departments, both of which fall under the Ministry of Justice and Correctional Services.
He was finally freed on 4 March 2022. By then, the harm had already been done. The court found that this delay was not only avoidable, but also unconstitutional.
‘Everyone has the right not to be deprived of freedom without just cause’
Judge A Shai reaffirmed Section 12 of the Constitution, which guarantees freedom and security of the person. He ruled that Nkambule’s extended incarceration had no legal justification and violated his fundamental human rights.
While the Department of Correctional Services tried to deflect blame onto the Department of Justice, the court dismissed this distinction. “They fall under the same Ministry,” the judge noted. “The Minister remains responsible.”
The judgment cited key precedents on the value of liberty and the seriousness with which the law treats arbitrary detention.
Justice delayed is trauma prolonged
The court’s R750 000 award was not about financial gain, but recognition of suffering. Nkambule’s 77-day detention after being declared innocent was a serious injustice. The court referenced similar cases, including a 15-day unlawful detention that led to a R470,000 award, to guide its assessment.
Judge Shai explained: “The correct approach is to consider the facts of the particular case. It’s not about mathematical precision but what is fair and just.”
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