Thabo Lentoro has been awarded substantial damages amounting to R680,000 following an unlawful arrest and subsequent malicious prosecution by the North West High Court in Mahikeng.
Lentoro lives in Tlhabane West, and his girlfriend Francinah Racel Montsho obtained an interim protection order against him on 22 September 2020. Unbeknown to him, this interim protection order was made final on 2 December 2020, which led to the his arrest on 7 December 2020 after he unknowingly contravened a provision thereof, by entering Montsho’s yard.
However, the court found that neither the interim nor the final protection orders had been properly served to him. The court determined that police officers, led by Sergeant David Kgokong, failed to follow appropriate legal protocols by not ensuring that Lentoro was adequately informed of the orders against him.
Judge D Smit acknowledged that the protection order had initially been issued to a family member, yet Lentoro was in hospital at the time and remained unaware of the proceedings. The court emphasised that, as per the Protection from Harassment Act of 2011, proper service of these orders is crucial to allow the accused the opportunity to comply with the legal directives.
In the judgment, Judge Smit elaborated: "The failure to properly serve protection orders not only undermines the administration of justice but also violates the constitutional rights of the accused. I cannot accept that there was proper service of the interim protection order… there was no evidence presented that the Magistrate's Court granted an order allowing service via telephone."
For the unlawful arrest and detention, Lentoro has been awarded R480,000 with interest, reflecting the court's acknowledgement of the emotional and physical toll of his treatment during his time in custody. Additionally, R200,000 has been awarded for the malicious prosecution, which persisted despite a lack of substantial evidence to support the charges brought against him.
#Conviction
