The North West High Court in Mahikeng has ordered the Minister of Police to pay R220,000 to Tshenolo Stanley Khorae, following a successful claim for unlawful arrest and detention stemming from a flawed harassment complaint.
This ruling, handed down electronically on 10 April 2025, addresses the serious infringement of Khorae's constitutional rights and underscores the urgent need for accountability within law enforcement agencies.
Khorae's ordeal began on 24 October 2024 when police officers arrived at his home armed with a warrant, alleging he had breached an interim harassment order.
This complaint was lodged by Khorae's late neighbour, Ncongne Moses Moleko, despite the fact that Khorae had previously filed a counter-complaint for assault after being stabbed by Moleko. When Khorae questioned the officers regarding the justice system's delay in addressing his own claims, he was arrested instead.
The judge noted that two police officers executed the unlawful arrest and detention in front of Khorae's family, including his life partner and three young children, a detail that adds a poignant dimension to the significant emotional distress caused. After his arrest, Khorae was taken to Huhudi Police Station and then transported to Pudimoe Police Station, where he was detained for a distressing eight days under inhumane conditions.
The judgment further revealed grim details of Khorae's detention. He was forced to clean the cell while experiencing harassment from seven other detainees and faced inadequate food and hygiene facilities. The holding cell was described as contaminated, with an overflowing toilet and lack of basic necessities, including mattresses and medical attention.
The presiding judge emphasised the paramount importance of freedom and security as fundamental rights enshrined in the South African Constitution. In the judgment, it was asserted that while financial compensation cannot rectify the degradation experienced, it serves as a "crude solatium" for personal suffering. The court reiterated that damages for unlawful arrest and detention are intended to hold state organs accountable and act as a deterrent against future violations of individual rights.
In assessing the damages, the court took into account the extensive violations of Khorae's rights, the psychological and emotional impact of his detention, and the need to maintain a balance just and equitable for both parties involved. The awarded amount of R220,000, significantly lower than the R500,000 Khorae initially sought, reflects the court's commitment to careful adjudication based on the facts presented while considering the broader implications for public policy.
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