A man who spent 10 more days in prison after a court had set aside his 15-year sentence has failed in his bid to sue the minister of justice and correctional services for damages for alleged unlawful detention for the 10 days. David Gaonamong of Ganyesa in North West had been imprisoned at Rooigrond Correctional Centre after being found guilty and sentenced to 15 years for robbery with aggravating circumstances. Gaonamong’s appeal against his conviction and sentence was heard by the North West High Court on May 8 2015.
On May 18 2015, the high court set aside Gaonamong’s conviction and sentence. However, he was released from prison only on May 27 that year. The question of law in dispute between the parties was whether Gaonamong was unlawfully detained, and if so, whether the minister was liable for such detention.
Gaonamong contended that his continued detention from May 18 to May 27 was unlawful and that the minister was liable for damages. Gaonamomg said because the department of justice and the department of correctional services at the time fell under the same minister, the minister should be held liable, regardless of whether the delay and liability stemmed from the court registrar (department of justice) or the correctional services personnel. The minister disagreed, stating that Gaonamong’s detention from May 18 to May 27 2015 was not unlawful, and if it was found to be unlawful, the minister was not liable in that Gaonamong was released immediately upon receipt of the warrant of liberation.
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The minister said Gaonamong’s contention that correctional services failed to release him on May 18 was baseless, as the record showed that correctional services released him immediately and in accordance with prescribed procedures and immediately upon receipt of the warrant of liberation issued on May 27. The minister further argued that Gaonamomg’s particulars of claim did not disclose any case against the registrar of the court; and that he failed to inform the correctional services facility of his release. No liability on the part of the registrar was pleaded, and as such, Gaonamomg failed to make out a case for the relief sought, the minister said.
In summarising the matter, judge Sandiswa Mfenyana said Gaonamong contended that despite the court order of May 18 setting aside his conviction and sentence, he was not released by correctional services and was further wrongfully and unlawfully detained by the employees of the department until May 27. “This is not correct. It is common cause that while the judgment setting aside (Gaonamong’s) conviction and sentence was handed down on May 18 2015, the order authorising (his) release, together with the warrant of liberation, were issued on May 27 2015,” Mfenyana said.
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