Police Minister Bheki Cele and National Director of Public Prosecutions Shamila Batohi have been ordered to pay a Durban teacher falsely accused of raping a minor almost R1.7 million in damages. crime
Johannesburg - Police Minister Bheki Cele and National Director of Public Prosecutions Shamila Batohi have been ordered to pay a Durban teacher falsely accused of raping a minor almost R1.7 million in damages.
Due to the seriousness of the charges against him, a formal bail application was held and he was refused bail after it was found that he was unable to show exceptional circumstances justifying his release. His lawyer Viren Singh initially argued that having regard to the circumstances relating to his client’s detention for 388 days an amount of R3.5m would be fair and reasonable as compensation.However, Nomusa Khuzwayo SC, representing Cele and Batohi, submitted that an amount between R1.2m and R1.4m would be reasonable.
”In light of the length of the plaintiff’s incarceration, his status as a qualified educator, the exposure that was given to his arrest and conviction and the humiliation suffered by him, all of which are not disputed by the defendants , I am of the view that an award of R1.6m for general damages constitutes fair and reasonable compensation of the ordeal suffered by the plaintiff,” Judge Chetty found.
”One can only speculate whether he would have assumed this higher position earlier had it not been for his unlawful detention,” said Judge Chetty. Detailing his ordeal at the Westville Prison in court, he said that as a new inmate he was forced to ‘buy’ his safety from abuse by supplying other senior prisoners with cigarettes and airtime.
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