Ntokozo Xulu’s nightmare story – of being jailed for 813 days accused of murder after defending himself against hijackers – is a sober reminder about the importance of our judiciary.
Our courts are all that stands between innocent people and miscarriages of justice… dreadful situations which are often the fault of deliberate action, omission, or incompetence by our cops and prosecuting system.
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In Xulu’s case, High Court in Johannesburg Acting Judge Irene de Vos found police had deliberately withheld from prosecutors and magistrates that the man had acted in self-defence during a hijacking by shooting one of his attackers, who later died. Because of this, Xulu was denied bail and his life became a horror story.
He told the court his daughter, who relied on him for medical care, was left helpless. His wife walked out of their marriage while he was incarcerated.
Xulu said he lived in fear of gangs in Johannesburg Prison and suffered a mental breakdown, for which he was hospitalised and treated for more than two weeks.
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In awarding R2.6 million in damages to Xulu, De Vos sent a message to the police that this sort of behaviour would not be tolerated. But we think those who perverted justice should themselves be locked up.
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