Court rules in favour of Mpumalanga man, awarding him R1.6 million for wrongful arrest. The Mpumalanga High Court in Mbombela hasordered the Minister of Police to pay more than R1.6 million in damagesto a man who was unlawfully arrested and detained on rape charges that were never pursued. In a judgment delivered by Acting Judge TS Ngwenya, the court found that the arrest of Noah Mathebula Nkavdzi in March 2020 was unwarranted and unlawful.
Nkavdzi testified that he received a call from a police officer in March 2020 instructing him to report to the Thulamahashe Police Station. Upon arrival, he was informed that a rape complaint had been laid against him by two complainants whom he said he did not know. He was charged and, due to overcrowding at the local holding cells, was transferred to Calcutta Police Station.
After his first court appearance, the matter was postponed, and he was later transferred to the Nelspruit Correctional Services Centre. Nkavdzi further told the court that, prior to his arrest, he was employed as a driver transporting schoolchildren and earned R5,000 per month. As a result of spending more than 50 days in detention, he lost his job and struggled to secure new employment while the criminal case remained pending.
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His record was only cleared in early 2025. He also testified that the arrest damaged his reputation in the community and affected his health due to poor cell conditions. He said he was never offered counselling.
The Minister of Police and the National Director of Public Prosecutions did not call any witnesses to testify. The malicious prosecution claim was abandoned at the start of the trial. The court found that the arresting officer had not been called to explain the decision to arrest Nkavdzi.
Given that he was ultimately released without prosecution, the court concluded that the arrest was unjustified and therefore unlawful. In assessing damages, the court considered the principles set out in Minister of Safety and Security v Tyulu, which emphasise that awards for unlawful arrest and detention must reflect the seriousness of the deprivation of liberty while not serving to unjustly enrich the claimant. Acting Judge Ngwenya ordered the Minister of Police to pay Nkavdzi just over R1.5 million for unlawful arrest and detention, with interest from the date of summons.
The Minister was further ordered to pay R100,000 for past loss of income, with interest. The court rejected Nkavdzi’s claim for future loss of earnings, finding that while the arrest interrupted his employment, it did not impair his long-term ability to work.
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