The Supreme Court of Appeal (SCA) recently reduced the damages amount awarded to an Eastern Cape man detained by the police for two weeks from R250 000 to just R25 000 saying the detention was not unlawful.
The ruling came after the SCA upheld with costs an appeal against a decision of the Eastern Cape High Court to award Edward Alberto Erasmus the R250 000 for his detention from May 5 to 19, 2016.
The issues before the SCA were whether Erasmus’ detention was unlawful.
The minister of police who brought the matter to the appeals court also wanted it to decide whether the award by the High Court in Grahamstown for damages in respect of the arrest and detention from 4-5 May and 5-19 May were appropriate.
Erasmus was charged on May 4, 2016 with housebreaking and theft.
He was detained until his first appearance in court the following day.
The matter was then postponed to May 12, 2016 to allow to apply for bail in terms of section 60(11)(b) of the Criminal Procedure Act (CPA).
The magistrate fixed the amount of bail in the sum of R500.
Erasmus was unable to raise the bail amount and the matter was remanded to May 19, 2016, ostensibly, for the purposes of trial.
He was kept in custody until that date.
However, the police docket was not at court when the matter was expected to continue.
It was then struck off the roll and Erasmus was released from custody.
The High Court held that both the arrests and detention for the first and second period were unlawful.
The SCA however found that no unlawful conduct of the police influenced the decisions that led to the second period of detention.
It found that the detention of Erasmus from May 5, 2016 was caused by the effect of section 60(11)(b) of the CPA and the independent decision of the prosecutor to oppose bail.
It said Erasmus’ detention from May 12, 2016 was caused by his inability to pay the R500 bail that the magistrate had set.
In respect of the quantum of damages for the first period, the SCA held that there was a striking disparity in the amount of damages that it would award and that of the High Court.
The SCA therefore replaced the High Court’s award with an award in the amount of R25 000.
The minister of police and the national director of public prosecutions, who are the first and second appellants in the matter, agreed to pay the amount on the basis that his constitutional rights were not explained to him. – Staff Reporter