Police minister rebuked by court as appeal in R2m unlawful arrest case collapses

Public Order Police (POPs) members at the Tshwane Police Training Academy on 15 June 2024. Picture: Gallo Images/Frennie Shivambu The Gauteng High Court in Pretoria has dealt a blow to the minister of police by removing an appeal from its roll, clearing the way for a man who was wrongfully imprisoned to receive R2 million in compensation. The case stems from the arrest and detention of Mzondile Andries Thure, who spent two years and one month behind bars before charges against him were withdrawn due to lack of evidence.

In October 2022, the high court awarded Thure R2 million in general damages after finding his arrest and continued incarceration unlawful. He had initially been denied bail following his first court appearance. After an initial failed attempt to secure leave to appeal, the minister successfully obtained special leave from the Supreme Court of Appeal (SCA) in September 2023.

However, the notice of appeal was only filed in February 2024 – well beyond the prescribed timeframe – meaning the appeal had already lapsed by operation of law. In response, the minister sought condonation from the high court to extend the 20-day deadline for filing the appeal. According to the lawyer, the email sent by the office of the State Attorney in Bloemfontein had been lost in “a trail of spams emails”. Despite the minister arguing that the appeal had reasonable prospects of success, Thure’s legal representatives rejected this claim, contending that no sufficient cause had been shown for the delay.