Cops face R50m claim

Facing huge damages claim, state petitions SCA for leave to appeal.

- Tania Broughton

A man who spent nine years behind bars, only for the charges against him to be withdrawn without him standing trial, has been let down again by the justice system. "Nkosi" - he has asked that his identity be withheld because of the stigma of his detention - has secured a judgment confirming that his arrest, detention and prosecution were unlawful.

However, the state is challenging this. High Court in Johannesburg Judge Moleboheng Mdalana-Mayisela refused an application by the minister of police and the national director of public prosecutions for leave to appeal, but they have now petitioned the Supreme Court of Appeal for permission.

They are facing a multimillion-rand damages claim for what Mdalana-Mayisela found was a case of unlawful arrest and detention.