A North West man has been unsuccessful in suing the government for what he claimed was unlawful detention after his 15-year robbery sentence was overturned on appeal. David Gaonamong approached the North West High Court in Mahikeng seeking damages after his conviction and sentence were set aside nearly a decade ago. He argued that he was unlawfully detained for several days following the successful appeal.
Gaonamong had been incarcerated at Rooigrond Correctional Centre after being found guilty of robbery with aggravating circumstances and sentenced to 15 years’ imprisonment. On 18 May 2015, Judge Ronald Hendricks upheld his appeal and overturned both his conviction and sentence. Judge Tebogo Djaje later issued a warrant of liberation on 27 May 2015, paving the way for Gaonamong’s release, which took place on the same day.
Following his release, Gaonamong instituted legal action against the Minister of Justice and Correctional Services — at the time a single portfolio before its separation in July 2024 — claiming damages for what he described as unlawful detention. He contended that his continued incarceration for 10 days after the appeal judgment violated his constitutional right not to be deprived of freedom arbitrarily and without just cause. The minister disputed the claim, arguing that Gaonamong was released immediately upon receipt of the warrant of liberation. It was further argued that the assertion that the Department of Correctional Services failed to release him on 18 May was “baseless”.
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