Public Order Police (POPs) members at the Tshwane Police Training Academy on 15 June 2024. Picture: Gallo Images/Frennie Shivambu
The state will pay over R4 million to three men for unlawful detention and malicious prosecution after losing an appeal in court.
The Minister of Police and the National Director of Public Prosecutions (NDPP) suffered a legal blow when the Free State High Court in Bloemfontein dismissed their application for leave to appeal an earlier judgment, with costs.
The three men, Osiah Maqaesa Sehlako, David Tladinyane Tlale and Jacob Saona Lekuta, were arrested separately between May 2013 and May 2014 on charges of murder, attempted murder, robbery, and housebreaking.
All three men were denied bail at the lower court.
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Their case was moved to the high court, where only Sehlako and Letuka were eventually granted bail in February 2017.
The charges against all three were eventually dropped in June 2017.
In August 2019, the men sued the state for unlawful arrest, detention, and malicious prosecution, citing emotional trauma, loss of income, and damages to their quality of life.
The men detailed harrowing experiences of their arrests and detention in the high court, where the case was heard four days between January and May 2022.
Letuka testified that on on 3 May 2014, he was arrested while herding sheep; police officers pointed firearms at him, handcuffed him, and detained him without explaining his rights or the charges.
He stated that he was held in unsanitary cells and he learned in court that he faced serious charges.
Sehlako told the court that he was arrested on 12 May 2013 while driving; he was detained in filthy conditions and subjected to police assault.
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The man revealed that during his imprisonment, his partner passed away, his home was vandalised, and his child had to be placed with relatives.
Meanwhile, Tlale indicated that he was arrested at home while sleeping next to his brother, Lekuta, without explanation on 23 May 2013.
He testified that he was made to sign documents in a language he couldn’t understand and endured inhumane conditions in detention.
The state’s case unravelled during the trial.
Prosecutor Lefa Victor Rathaba, testifying on behalf of the minister and NDPP, argued that the three men were denied bail on the basis that they were flight risks and faced serious charges.
Rathaba explained that while the case was being remanded in the district court, prosecutor rotations occurred, meaning there were instances when he was not present for certain court appearances.
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The prosecutor, however, did not screen the dockets before proceeding with charges.
It emerged that the arrests were linked to the men’s alleged status as “Lesotho nationals”—a claim disproven during the trial. Only Tlale is a citizen of Lesotho.
In a 24 August 2022 judgment, Acting Judge DP Mthimunye found no evidence linking the men to the crimes, describing the prosecution’s actions as negligent and baseless.
The judge awarded R1.3 million to Letuka, R1.4 million each to Sehlako and Tlale for unlawful detention, and an additional R250 000 each for malicious prosecution.
The minister and NDPP appealed, arguing before the high court on 18 October 2024 that the detentions were lawful due to bail refusals and that the damages awarded were excessive.
However, the appeal court, led by Acting Judge MB Nemavhidi, dismissed the case on November 14, 2024, upholding the original judgment.
The appeal court emphasised that the state failed to disprove the men’s testimonies or justify their prosecution as the minister “did not call any witnesses in answer to the claim of unlawful detention, despite having attracted the onus to prove the lawfulness thereof”.
Nemavhidi agreed with Mthimunye’s conclusion that the men should never have been prosecuted as there was no prima facie case against them.
“The court correctly found that causality between the conduct of the police officers and the prosecution and further detention of the respondents [Sehlako, Tlale and Letuka] had been proven.
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“From the onset, there was no link between the respondents and the alleged offences for which they were arrested.
“Had the prosecutor applied his mind to the dockets’ contents he would not have commenced with prosecution let alone continue with it for years whilst the respondents remained in custody,” the judgment reads.
The judge also concluded that Mthimunye’s reasoning and discretion in determining the damages and their amounts were sound and could not be faulted.
“The respondents testified about the condition of their detentions and what they were subjected to, and the trauma they had to endure, whereas the appellants did not provide any cogent reasons for this court to disturb the findings of the court.”
The state was ordered to pay damages and legal costs, marking a significant win for the wrongfully accused trio.
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