The five men who were wrongfully arrested and detained for the murders of rival gang members Fire and Figo in Limpopo have been awarded R5 million in damages.
Tyre Khosa, Tembani Baloyi, Kingsley Mkhari and two other who were not named in the judgment lodged their complaint against the Minister of Police and several high-ranking police officials, seeking compensation for the trauma and hardship they endured. They claimed they were arrested without warrants in what was related to a string of gang-related murders in the Limpopo region. They claimed R 1 000 000 each for unlawful arrest and detention, and further claim in the amount of R 1 000 000 each for malicious prosecution. Total amount claimed was R 10 000 000.
The Limpopo High Court in Polokwane heard the case over two days, with testimony revealing that the arrests followed a list of suspects prepared by the officers but lacking the requisite legal scrutiny. Evidence presented indicated all five were arrested without proper warrants, leading to lengthy detentions that each lasted between 311 and 352 days. They maintained that the police acted on unreasonable suspicion, with the evidence used to support their arrests either fabricated or misinterpreted.
In its defence, the SAPS primarily relied on the testimony of a Captain Ngobeni, a senior officer with 33 years of experience. Under questioning, he admitted that he had no personal connection to the preparation of the suspect list, nor did he conduct an investigation that could substantiate reasonable grounds for the arrests.
The captain testified that there were two gang groups at Dan and Lusaka Village. The first group was called Bokoharam and the second was called Sankina. The two groups were fighting against one another. On or about February 2017, the captain arrived at work and he was informed that the two gang groups were fighting and that as a result one man by the name of Fire was murdered. The captain further heard that Fire was murdered by Sankina group. Later on, the captain was further informed that the Bokoharam group had revenged by murdering a man by the name of Freeman, also known as Figo.
As a result of the complains from community members, the branch commander at Ritavi Police Station prepared a list of suspects in connection with murder case of Fire and Figo of the respective gang groups. The captain further testified that the list contained the names of both group members and was posted on the notice board of the police station charge office.
In a courtroom drama that unfolded over emotional testimony, the men recounted harrowing experiences of abuse during their detentions, including physical assaults by police officers and violent environments within prison. Their ordeal not only stripped them of their freedom but also significantly impacted their educational prospects and mental health, they said.
Acting Judge E Mashamba concluded that the arrests were unlawful. He ruled, "The reasonable suspicion cannot be created by a name being on the list of suspects; arresting the plaintiffs based on the unfounded and undiscovered list of suspects is to be deemed unreasonable." Consequently, the judge awarded R1 million to each plaintiff, totalling R5 million for the wrongful actions of the police.
The court dismissed claims of malicious prosecution against the National Director of Public Prosecutions.
