Daveyton man seeks R350k in damages after wife left him following unlawful arrest

A man wrongfully arrested and detained by the police is now seeking more compensation after being awarded just R2 000 in damages.

Siyabulela Msudulu sued the state, claiming he had been unlawfully arrested without a warrant in 2013.

At the time of his arrest, then-30-year-old Msudulu was detained for three days in a “cramped and unhealthy” cell at the Daveyton police station.

He filed a lawsuit against the minister of police in February 2014, demanding R350 000 in damages, along with interest and legal costs.

His case was heard before the Gauteng High Court in Johannesburg on 19 August 2024.

Man arrested in Daveyton

Msudulu testified that at the time of his arrest, he was employed as a panel beater, earning R250 per day.

He had dropped out of school in ninth grade due to undiagnosed epilepsy. The plaintiff was married with a one-year-old child.

Currently, he lives in a squatter camp, relying on a monthly grant of R350.

Msudulu testified in court that on 30 September 2013, while riding his bicycle in Daveyton after purchasing traditional green medicinal leaves for his undiagnosed epilepsy, he was approached by police at around 3pm.

He claimed the officers blocked his path, ordered him to raise his hands, and searched him without seeking permission before arresting him.

The plaintiff stated that the officers handcuffed him on the street in full view of bystanders, including some people he knew.

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Msudulu also testified that during the incident, he explained to the police that the leaves, which had a smell similar to plant-based cigarettes, were his medication.

However, the officers ignored him and took him to the police station, a journey of about 10 minutes.

Now 41, the plaintiff claimed he wasn’t allowed to call his wife to ask her to collect the food he had been carrying for their child.

Nevertheless, his wife arrived at the station later, having been informed by witnesses of the arrest.

He further stated that after the arrest, his wife left him, accusing him of being a criminal, and their child passed away shortly after.

Detention

Msudulu testified that he was never brought before a court and was released around 71 hours after his arrest, at 2pm on 23 September.

He was held in a small, overcrowded cell, with about 30 other detainees.

The walls were stained with blood, and a blanket on the floor had been urinated on by inmates, as the toilet was not functioning.

READ MORE: Police clarify claims of more than 4 000 wrongful arrests in a year

Msudulu claimed that he suffered an epileptic seizure in the cell on Saturday, but received no assistance from the police.

He was also unable to wash as there was no running water in the cell and was provided with minimal food— just two slices of bread and cold tea — over Friday and Saturday.

High Court awards R2K damages for unlawful arrest

In a judgment delivered on 20 August, Judge Gregory Wright noted that the minister’s lawyers presented no evidence, making no attempt to justify the arrest and detention.

As a result, the arrest and detention were deemed unlawful.

However, Mshudulu was awarded only R2 000 with 15.5% interest per annum, calculated from 28 February 2014 until the date of payment by the minister.

READ MORE: Over 4 000 wrongful arrests registered in one year, claims exceed R2bn

Mshudulu appealed the ruling on several grounds, including whether the case as pleaded was broad enough to allow for evidence – and damages – covering three days of unlawful detention or less than a day.

He also contested the amount awarded to him.

Leave to appeal granted

Wright has since found that Mshudulu’s case warranted the attention of the Supreme Court of Appeal (SCA).

“I accept that an award for damages for wrongful detention is not just a linear number crunching exercise where the time in detention is multiplied by a standard rate per unit of time.

“Length of time in detention and conditions of detention in one case may differ from those in another case and conditions in a given case may change, for better or for worse, as time passes.

“Until there is a change in economic reality, money devalues over time. Each case has to be decided on its own pleadings and proven facts,” the judge said in a judgment delivered on 27 September.

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