Potchefstroom man awarded R850k in damages after horrific ordeal of wrongful arrest, detention

A 39-year-old man who endured a harrowing five-month detention under inhumane conditions after being wrongfully arrested by police has been awarded R850 000 in damages.

The North West High Court in Mahikeng handed down its ruling this week, finding in favour of Serame Petrus Tikoe in his case against the Minister of Police.

Although the minister admitted to the unlawful nature of the arrest and detention in a settlement agreement, the compensation amount was left for the court to decide.

Potchefstroom man details traumatic arrest and detention

During the trial on 4 March this year, Tikoe recounted the traumatic events of his wrongful arrest and detention.

He told the high court that he was walking to a butcher in Potchefstroom on 1 September 2022 when he was suddenly handcuffed by a police officer, later identified as Constable Myburgh, without any explanation.

Tikoe testified that Myburgh threw him to the ground in full view of two other officers, before transporting him to the Potchefstroom police station.

Upon arrival, he was told he was being charged with armed robbery and illegal possession of ammunition.

He appeared in court on 5 September and was officially charged, but said he was never told why he was being charged or when the alleged offence had taken place.

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

The case was postponed to allow for an identity parade.

While detained at Potchefstroom police station, Tikoe shared a cramped cell with 20 other inmates, some of whom were members of a gang who regularly took his food.

He testified that he had no visitors because his family was unaware of his arrest.

He also endured appalling conditions, telling the court that there was no water in the cell for five days, making it impossible to bathe.

The blankets provided, Tikoe added, were filthy.

Tikoe recounts emotional toll

Furthermore, Tikoe testified that he was transferred to Bougroep prison on 15 September, where he was once again housed with gang members – this time sharing a cell with 45 other inmates.

He described dire living conditions and poor nutrition, saying that he was fed only two slices of bread, porridge and tea in the morning, followed by pap and a piece of bone with no meat in the afternoon.

Tikoe said he witnessed other inmates being raped in the overcrowded cell.

For his own safety, he would offer cigarettes brought by visitors to gang members in exchange for protection.

READ MORE: R1.66 billion in claims paid out by Saps for assault, wrongful arrest and detention over four years

In addition, Tikoe told the court that his pregnant girlfriend suffered a miscarriage during his detention – a tragedy he attributed to the stress and emotional strain caused by his absence.

After spending over five months behind bars without a conviction, he was finally granted bail on 15 February 2023.

His legal team initially sought R3 million in damages for the trauma he endured, later reducing the claim to R2.5 million during the hearing.

But the minister’s legal representative argued that he should be awarded no more than R1.5 million, highlighting that Tikoe had not applied for bail at the earliest opportunity.

Tikoe explained that he followed legal advice not to apply immediately, as his lawyer had recommended waiting until they could review the contents of the docket.

High Court ruling on wrongful arrest, detention

In his ruling, acting judge Thabiso Masike criticised the minister’s handling of the case, stating that the failure to concede liability sooner unnecessarily prolonged the litigation process and delayed justice for Tikoe.

Masike described the conditions of Tikoe’s arrest and detention as “inexcusable” and “appalling”, ruling that the arrest was executed in an abusive manner and that the conditions of his detention were “horrendous and inhumane”.

The judge found the minister fully liable for Tikoe’s damages, awarding him R850 000 plus interest.

“In arriving at what I consider to be an appropriate award on costs, I have considered that this matter was not complex,” Masike said in his judgment.

He also ordered the minister to pay Tikoe’s legal costs.

NOW READ: Mozambican man bags R270K in damages after ‘xenophobic assault’, unlawful arrest by SA police