PROJECT: WRONGFUL AND UNLAWFUL ARRESTS & UNJUST CONVICTIONS
- Isabel Spies
- Sep 9
- 6 min read
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In South Africa, wrongful and unlawful arrests, and unjust convictions, are a growing concern and pose
a serious threat to the integrity of the justice system. These incidents violate constitutional rights and
erode public trust in law enforcement and the courts.
They can have devastating and life-changing consequences for the victims and their families.
South African examples that highlight real-life tragedies of wrongful or coerced arrests, followed by notable cases of compensation awarded for unlawful detention and convictions:
WRONGFUL ARRESTS AND FORCED CONFESSIONS:
JOHANNES EUGEN MAHLANGU & PHANNIE JOHANNES MTSWENI:
Both men were arrested in May 2005 for a triple murder in Mpumalanga.
Their “confession” was coerced through assault, implicating them despite the lack of real evidence.
They spent more than eight months in custody before the charges were dropped.
The Constitutional Court later ruled that their entire period of detention warranted compensation.
LANDMARK RULINGS AND COMPENSATION AWARDS:
CYNTHIA NOBUHLE KHEDAMA:
Wrongfully arrested at King Shaka International Airport in December 2011 and detained for 10 days under deplorable conditions, she sought R1 million in damages.
The Supreme Court of Appeal awarded her R580,000 plus legal costs, upholding that she endured cruel and degrading treatment.
JACOBS V MINISTER OF POLICE (2025):
In a recent Gauteng High Court case, Mr. Shaun Jacobs was unlawfully detained for an extended period.
The court acknowledged the severity and awarded R500,000 in damages.
MKHONZA V MINISTER OF POLICE (2025):
Mr. Mkhonza was arrested without a warrant on 28 March 2019, detained for 505 days, and released on 14 August 2020—the rape charges against him were withdrawn on 14 July 2020.
The court ruled that the arrest and extended detention were unlawful.
As a result, the state was ordered to pay R1,500,000 in damages, plus interest and legal costs.
NTOKOZO PATRICK XULU:
Mr. Xulu was wrongfully arrested after defending himself in an attempted hijacking and spent 813 days in prison.
The court found police had suppressed his self-defence evidence and ordered the Minister of Police to pay R2.6 million in damages.
FREE STATE CASE - SEHLAKO, TLALE & LEKUTA:
Three men, Mr. Osiah Maqaesa Sehlako, Mr. David Tladi Tladinyane, and Mr. Jacob Saona Lekuta, were each unlawfully detained on serious charges between 2013 and 2017.
They launched claims for unlawful arrest, detention, and malicious prosecution.
The High Court awarded R1.3 million to Lekuta and R1.4 million each to Mr. Sehlako and Mr. Tlale, plus an additional R250,000 each for malicious prosecution.
Members of the public and the media frequently reach out to Mr. Mike Bolhuis for guidance and assistance in cases involving wrongful and unlawful arrests as well as unjust convictions.
Listen to his most recent interviews:
DEFINITIONS AND LEGAL FRAMEWORK:
WRONGFUL ARREST:
Occurs when a person is arrested without sufficient legal grounds or in violation of constitutional protections, especially Section 12 of the South African Constitution, which guarantees the right to freedom and security.
Common causes include mistaken identity, false statements, lack of evidence, or abuse of power by law enforcement.
UNLAWFUL ARREST:
Involves arrests that do not follow the correct legal procedures.
Even if the suspect is guilty, the arrest is unlawful if officers fail to comply with correct processes, such as obtaining a warrant when required or informing the accused of their rights.
UNJUST CONVICTION:
This happens when a person is wrongfully found guilty and sentenced for a crime they did not commit.
It often results from procedural errors, corruption, unreliable evidence, or inadequate legal representation.
CAUSES OF WRONGFUL ARRESTS AND CONVICTIONS:
Several factors contribute to these miscarriages of justice:
MISTAKEN IDENTITY:
Victims are often arrested because they resemble a suspect or share similar personal details.
Poor investigative work and a lack of modern identification systems make this problem worse.
CORRUPTION AND ABUSE OF POWER:
In some cases, arrests are carried out for personal or political gain.
Bribes and intimidation can lead to fabricated evidence and false testimonies.
LACK OF INVESTIGATION:
Understaffed or undertrained detective units often rush cases, leading to arrests without thorough evidence collection.
Critical evidence may be lost, tampered with, or ignored.
FALSE ACCUSATIONS:
Individuals may be falsely accused owing to personal disputes, revenge, or coercion.
If investigators fail to verify claims, innocent people may face prosecution.
SYSTEMIC ISSUES IN THE JUSTICE SYSTEM:
Overburdened courts and delayed cases pressure prosecutors to secure convictions quickly, even at the expense of fairness.
Limited access to competent legal defence for the poor increases vulnerability to wrongful convictions.
CONSEQUENCES FOR VICTIMS:
The impact of wrongful arrests and convictions is severe and often permanent:
LOSS OF FREEDOM:
Victims may spend months or years in jail before being cleared.
PSYCHOLOGICAL TRAUMA:
Anxiety, depression, and PTSD are common in victims of wrongful imprisonment.
SOCIAL STIGMA:
Even after release, communities may still view the victim as guilty, affecting relationships and employment.
FINANCIAL RUIN:
Legal costs, job loss, and the destruction of reputations can lead to lasting poverty.
HEALTH RISKS:
Prison conditions often expose individuals to violence, disease, and mental deterioration.
LEGAL RECOURSE AND REMEDIES:
South African law provides mechanisms to protect and compensate victims:
CIVIL CLAIMS FOR DAMAGES:
Victims of unlawful arrests or unjust convictions can sue the South African Police Service (SAPS) or the state for damages.
Compensation may cover loss of income, legal fees, psychological harm, and reputational damage.
APPEALS AND REVIEWS:
Wrongly convicted individuals have the right to appeal their cases to higher courts.
The Constitutional Court has the authority to overturn wrongful convictions in which constitutional rights were violated.
INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE (IPID):
IPID investigates complaints of police misconduct, including unlawful arrests and abuse of power.
PREVENTING FUTURE INCIDENTS:
To reduce wrongful arrests and unjust convictions, several measures must be implemented:
IMPROVED TRAINING FOR LAW ENFORCEMENT:
Officers must be trained to conduct thorough, lawful investigations and to respect constitutional rights.
MODERN TECHNOLOGY:
Use of DNA analysis, surveillance tools, and reliable identification methods can reduce mistaken identity cases.
TRANSPARENCY AND ACCOUNTABILITY:
Strict action must be taken against corrupt officials and prosecutors who abuse their power.
LEGAL AID AND PUBLIC AWARENESS:
Expanding access to competent legal defence for vulnerable groups is essential.
Citizens must be educated on their rights when dealing with the police and courts.
Wrongful and unlawful arrests, along with unjust convictions, are legal errors and profound human tragedies that undermine South Africa’s democracy and justice system.
They destroy lives, perpetuate distrust in law enforcement, and allow true criminals to remain free.
SSS remains committed to assisting victims, investigating these cases thoroughly, and promoting accountability
to ensure that justice is served fairly and lawfully.
By addressing systemic weaknesses and fostering a culture of integrity,
South Africa will move closer to a justice system that truly protects its citizens.
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