Zimbabwean wins R100K for unlawful SA detention

The High Court of South Africa has awarded a Zimbabwean national R100 000 (about US$6 000) in damages after ruling that he was unlawfully detained for 21 days, despite his arrest initially being justified in connection with a 2014 robbery case.

Lawrence Moyo, a supervisor at Danga Security, was arrested in September 2014 following a robbery at Protech Khuthele's premises, where electronic equipment was stolen. Police linked him to the crime after two suspects implicated him, and evidence also showed he had communicated with one of the accused on the night of the incident and allegedly shared security details about the site.

The Gauteng High Court judgment, delivered by Judge Petrus Gcinumuzi Malindi, found that police had reasonable grounds to suspect Moyo's involvement. The court also noted that stolen property belonging to a Protech employee was later recovered at Moyo's residence, further strengthening the case for suspicion.

However, the court ruled that while the arrest and prosecution were not unlawful, Moyo's continued detention between 6 and 27 March 2015 was unjustified. This followed a decision by prosecutors on 6 March 2015 recommending withdrawal of charges due to insufficient prospects of a successful prosecution, yet Moyo remained in custody until 27 March.

The court found that this delay rendered that specific period of detention unlawful and awarded damages accordingly. The State was also ordered to pay legal costs, with interest accruing on the judgment amount.