Mpumalanga High Court awards R300,000 to mother and infant for unlawful arrest.
The Mpumalanga High Court in Mbombela has ordered the Minister of Police to pay a total of R300,000 in damages to a mother and her child after finding that both were unlawfully arrested and detained in police cells for nearly three days.
Acting Judge H.F. Fourie ruled that the South African Police Service (SAPS) had failed to justify the arrest and detention of the woman, who was taken into custody following a domestic violence dispute on 8 March 2024, along with her six-month-old baby.
According to the uncontested evidence before the court, the woman was arrested at around 11pm after a domestic violence incident involving the father of her child. Police instructed her to gather clothing and blankets for the infant because the child would accompany her to the police station.
The mother and child were detained from approximately 2am on 9 March 2024 until about 2pm on 11 March 2024, when she was taken to court and released without ever standing trial or facing criminal charges. Throughout the detention, the baby remained with the mother in the police cells.
