An amputee reliant on a prosthetic leg, who was arrested for no reason by the police and detained overnight before he was told he could go home, is set to receive R60,000 in damages from the police.

The North West Province High Court, sitting in Mahikeng, remarked that the plaintiff (who was only identified by his initials in the judgment) faced unique challenges, as police cells are typically designed with able-bodied detainees in mind, with little consideration given for the special needs of those with impaired movement.

The plaintiff claimed R150,000 arising from his unlawful arrest on January 3, 2023, and his subsequent detention. While the father of three explained his nightmare ordeal to the court, the police did not appear in court to defend the matter.

The plaintiff testified that the police arrived at his home in Ventersdorp and informed him that he was being arrested on allegations that he and his friends had assaulted a person. Despite attempting to explain his innocence, the police officers refused to hear his version and ordered him into the back of the police vehicle.

At the time of his arrest, his girlfriend and their three children were present and witnessed the arrest, along with other members of the community. He described the arrest as humiliating and emotionally painful, particularly because his children were crying and wanted to approach him but were prevented by the officers.

At Ventersdorp Police Station, he was placed in a small, crowded cell. The plaintiff, who has a prosthetic leg from the hip down, stated that he was wearing short pants at the time of his arrest and that the prosthetic limb was clearly visible to the arresting officers.

While in custody, he felt terrified and vulnerable. The detainees inside the cell interrogated him, demanding to know what he had brought for them. When he responded that he had brought nothing, they searched him.

The cell conditions were deplorable; the floor and mattress were dirty, and the blanket provided was unclean, and the toilet did not flush and had to be flushed manually using water from the shower. That night, he removed his prosthetic leg and concealed it under his body while sleeping to protect it. He testified that he spent the night praying for release.

The following day, he was transported to court in a crowded police vehicle, and at court, he was placed in a small cell along with 25 other detainees. Eventually, when he entered court, there was only a police officer who told him to go home. No explanation, charge, or apology was offered. He testified that prior to the arrest, he transported children to and from school for a living. He, however, lost this job after his arrest as the parents no longer trusted him.

In deciding on how much damages to award him, the court noted that his condition rendered him more vulnerable than an able-bodied person to the indignities, discomfort, and hardships inherent in arrest and detention.

The plaintiff was unable to comfortably remove and care for his prosthetic limb or to find a position that relieved pressure on his residual limb, would likely have endured pain, discomfort, and disrupted sleep. “The plaintiff testified that, during the night, he removed his prosthetic leg but held onto it while he tried to sleep, as he feared it might be taken from him or damaged if left unattended. This illustrates not only the lack of secure and appropriate facilities but also the anxiety and vulnerability he experienced throughout his detention,” the court remarked in granting him R60,000 in damages.

zelda.venter@inl.co.za

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