A teacher who spent more than a year in custody after being falsely accused of raping a child has been awarded more than R1.6m in damages.
At his civil trial, which determined the state respondents were liable to pay him damages, it emerged that both the investigating officer and the prosecutor had boosted the case against him during his bail application, and had withheld certain information.
Handing down judgment in that matter in 2019, Durban high court judge Mahendra Chetty said Buthelezi had been “sacrificed” to satisfy the need to make an early arrest and keep the offender behind bars, despite the paucity of evidence against him, even at the time of his bail application.In his ruling, he said it was not disputed that Buthelezi had spent 388 days in jail, during which time he appeared in court 22 times until his eventual acquittal.
The stigma of having been arrested and tried for rape of a minor remains as a permanent stain on his character, with his acquittal seemingly relegated to insignificance.In Buthelezi’s statement regarding conditions in Westville Prison, he said new inmates were forced to buy their safety from abuse by supplying “senior” inmates with cigarettes and cellphone airtime.Chetty said: “The gang culture was evident in the hierarchy of prisoners. He witnessed stabbings and sexual assaults.
After his release, Buthelezi consulted a clinical psychologist who concluded he had experienced fear, horror and shame and continued to have flashbacks. He was diagnosed with post-traumatic stress disorder, and in 2013 was admitted to hospital for 10 days for treatment for depression.Buthelezi said while he was back teaching, some parents still brought up the charges. He said in a large measure “it has scarred him for life” although he continues to teach in Isidingo, has since been appointed deputy principal and was the treasurer of an educare centre.
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