Justice Delayed: The Plight of Nkosi and the Battle for Accountability in Unlawful Detentions

In a glaring reflection of the defects within the South African justice system, the case of "Nkosi," who endured nine years in jail under dubious circumstances only to have the charges dropped, highlights significant judicial missteps and potential governmental overreach.

The saga began back in January 2012 when Nkosi, working as an unofficial Uber driver, was arrested for possession of an unlicensed firearm. Within a week, his charges escalated to him allegedly being a part of a notorious "gang" involved in ATM bombings and carjackings. However, doubts about the legitimacy of his arrest arose almost immediately. The arresting officer found no incriminating evidence in Nkosi's car aside from a few cellphones and binoculars, supporting Judge Moleboheng Mdalana-Mayisela's determination in Johannesburg High Court that the stop and search had no probable cause, rendering the subsequent arrest and detention unlawful.

After nearly a decade of imprisonment, during which Nkosi faced horrendous conditions including contracting TB and psychological scars from being disowned by his son born shortly after his incarceration, his charges were finally withdrawn in November 2022 due to insufficient evidence.

Despite securing a ruling affirming the unlawfulness of his arrest, detention, and prosecution, Nkosi's ordeal continues as the Minister of Police and the National Director of Public Prosecutions challenge the judgment. The state's insistence on appealing, spurred by the looming threat of a multi-million rand damages claim potentially amounting to R50-million, is poised before the Supreme Court of Appeal.

Meanwhile, the debate over the prescription of Nkosi's claim by the respondents hinges on the interpretation of when the prescribed period for filing began, a legal nuance critical to the ongoing proceedings.

From the conditions of his incarceration in Johannesburg Correctional Centre to the repeated postponements of his trial exacerbated by lawyer unavailability and the COVID-19 pandemic, each facet of Nkosi's experience casts a stark light on systemic issues. The case, fraught with postponed trials and questionable legal decisions, not only raises concerns about the efficiency of the legal processes but also on the enforcement of human rights and dignity within the judicial framework.

Whether the appeal will proceed remains to be seen. If it does fail, deciding on the appropriate compensation for Nkosi will require a detailed assessment of the psychological, physical, and social damages suffered, a task that may itself navigate complex legal and ethical terrains.