Limpopo rapist awarded R1.5 million after 16 months in prison over separate false rape charge
The Polokwane High Court in Limpopo has ordered the Minister of Police to pay R1.5 million in damages to a man who was unlawfully arrested and detained for 492 days after finding that the investigating officer relied solely on a previous rape conviction instead of conducting a proper investigation.
A full bench of the High Court upheld an appeal by TC, overturning an earlier High Court ruling that had dismissed his claim for unlawful arrest and detention.
The appeal stemmed from TC’s arrest in September 2020 in connection with allegations that he had raped and robbed a schoolgirl near Moletji in August 2020.
According to the victim, she was walking to school early one morning when she encountered a man who demanded her cellphone at knifepoint before forcing her behind a mountain, where he allegedly raped her. She reported the incident to school staff, who contacted the police.
About a week after the alleged attack, the victim claimed she saw the suspected attacker travelling in a cream-white BMW. A friend told her where the man lived, after which she informed the investigating officer, Sergeant Teffo.
Police went to the identified home and spoke to TC’s mother, who confirmed his identity. TC eventually handed himself over to the police after learning that investigators were looking for him.
Sergeant Teffo subsequently discovered that TC had previously been convicted of rape.
The judgment does not disclose the length of the sentence he served for the rape conviction, and it does not specify the sentence imposed.
In court, Sergeant Teffo testified that the previous conviction reinforced his belief that TC should be arrested.
The High Court found that Sergeant Teffo’s decision-making process became improperly influenced by TC’s criminal history. Judge Jane Tsakane Ngobeni said the officer effectively curtailed any further investigation after discovering the previous conviction instead of gathering sufficient evidence to establish reasonable grounds for an arrest.
The court criticised this approach, warning that allowing police officers to rely primarily on previous convictions when deciding whether to arrest suspects would create a dangerous precedent in the criminal justice system. The judgment stated that individuals cannot be judged solely on the basis of their past conduct and that such reasoning should be discouraged in the strongest possible terms.
The appeal court also identified significant weaknesses in the investigation. It noted that the complainant’s friend, who allegedly identified where TC lived, only provided a formal statement several months after the arrest had already taken place. The court found that the investigating officer therefore lacked crucial supporting evidence at the time he arrested TC.
Another factor weighing heavily in TC’s favour was that he voluntarily presented himself at the police station after learning that the police wanted to question him. The court held that, under the circumstances, the police could have charged him and allowed him to appear in court without necessarily detaining him while further investigations continued.
Judge Ngobeni concluded that the arresting officer acted arbitrarily by detaining TC before conducting sufficient investigations to establish reasonable grounds for suspecting that he had committed the offences. As a result, the court found that the requirements for a lawful warrantless arrest had not been satisfied.
The court also rejected the Minister of Police’s argument that liability should end after TC’s first court appearance. Relying on Constitutional Court precedent, the judges held that because the unlawful arrest set the entire chain of events in motion, the Minister remained liable for the full period of detention, which lasted from September 2020 until TC was released in March 2022.
During the appeal proceedings, TC described the harsh conditions of his detention. He testified that he spent three months in filthy police holding cells where there were no beds, forcing him to sleep on the floor with only a dirty blanket infested with bed bugs. He said the toilets emitted a foul smell, there was no running water, and the showers did not work.
He was later transferred to Polokwane Correctional Service Centre, where he remained for approximately one year and three months during the height of the COVID-19 pandemic, receiving only a single face mask for the entire period.
Although TC sought damages of R18.45 million based on a daily calculation for each day of his detention, the High Court declined to adopt a mechanical approach. The judges referred to recent Supreme Court of Appeal authority emphasising that compensation for unlawful arrest must be determined according to the unique facts of each case rather than by applying a fixed daily tariff.
In assessing damages, the court acknowledged that the investigating officer did not appear to have acted maliciously but found that he had mistakenly believed he had sufficient evidence after discovering TC’s previous conviction.
The judges also considered TC’s lengthy detention, the poor prison conditions, his personal circumstances, and the fact that there was no public humiliation because he had surrendered voluntarily.
The full bench ultimately upheld the appeal, set aside the earlier High Court judgment, and ordered the Minister of Police to pay TC R1.5 million, together with interest from July 2024 until the date of payment.
The Minister was also ordered to pay the legal costs of the application.
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