Key points
- SCA upholds R720 000 award to Ramabanta.
- NDPP’s appeal dismissed for lack of exceptional grounds.
- Judgment reinforces limits on prosecutorial overreach.
The Supreme Court of Appeal (SCA) in Bloemfontein has upheld a ruling awarding R720 000 in damages to Khotso Julius Ramabanta after finding that he was subjected to unlawful arrest and malicious prosecution.
Of the award, R70 000 was levied against the Minister of Police and a substantial R650 000 against the National Director of Public Prosecutions (NDPP).
Ramabanta was arrested on 27 February 2019 and detained until 20 March of the same year. Charges were later withdrawn when it became clear that he had been misidentified in connection with a shooting. Although his initial claim was dismissed by the trial court, the full bench of the SCA reversed that decision, upholding the allegations of prosecutorial misconduct and awarding compensation for the injustice suffered.
No exceptional circumstances for reconsideration
Refusing to let the matter rest, the NDPP had sought special leave to appeal the full court’s ruling, an application dismissed by two SCA judges. The NDPP then approached the President of the Court to invoke section 17(2)(f) of the Superior Courts Act for a reconsideration, arguing that the damages were excessive and that the prosecution had reasonable cause.
But in a judgment delivered electronically on 24 June 2025, the SCA held firm. Acting Judge DV Dlodlo ruled that the NDPP had failed to show the “exceptional circumstances” required to justify a second look. The judgment emphasised that mere dissatisfaction with a previous ruling or speculative prospects of success do not meet the threshold under the Act.
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