Judiciary Upholds Justice: Wrongful Arrest and Relentless Prosecution Defeated

In a landmark judgment dated August 16, 2024, the High Court of Gauteng Division in Johannesburg upheld the principles of justice and accountability in handling matters involving state organs. The case (Makhatholela v. Minister of Police and Another) highlights the persistent resolve for legal redress against wrongful state actions, setting a precedent in South African jurisprudence.

Nkosi Chris Makhatholela, the plaintiff in case 3710/2021, pursued damages against the Minister of Police (first defendant) and the National Director of Public Prosecutions (second defendant). Makhatholela's prolonged ordeal began with his arrest on January 13, 2012, for alleged possession of explosives and firearms—a detainment that extended nearly nine years and culminated in a withdrawal of charges due to insufficient evidence.

The defense's bid to refute Makhatholela's claims through the special plea of prescription fell flat. Relying on established legal frameworks, Mdalana-Mayisela J declared that prescription commenced on November 18, 2020—the day charges against Makhatholela were withdrawn. This valuation allows his initiated action for damages to comfortably fall within the statutory limits, thereby dismissing the plea.

The court examined the circumstances of Makhatholela's arrest and detention, finding them devoid of reasonable grounds and in breach of legal provisions. The members of the police service, acting in an official capacity, overshot their mandate, resulting in Makhatholela's unlawful arrest without a valid warrant—a flagrant infringement of his constitutional rights.

Further compounding the gravity of the situation, the court also found the prosecution to be marred with malice and devoid of any justifiable cause. The dearth of evidence to implicate Makhatholela made the initial decision to prosecute—and the subsequent prolonging of his remand—unwarranted. The court's judgment pronounced the second defendant vicariously liable for the misconduct of its employees, categorizing the litigation of charges as both "unlawful" and "malicious."

Victorious, Makhatholela's pursuit of justice through trying times has now been recognized. The case outcome stands as a testament to the resilience of the legal system in protecting individuals from arbitrary state power. The court ordered full accountability from the defendants, mandating them to pay for 100% of Makhatholela’s proven damages.

This triumph in court reflects the legal doctrine’s commitment to safeguarding liberty and the rightful processes mandated by law, reiterating the role of judicial oversight in curbing misuse of authority vested in state organs.