Police Ordered to Pay KZN Man Without Manhood R800K After Wrongful Rape Arrest and Imprisonment
A KwaZulu-Natal man has been awarded R800,000 in damages after being wrongfully arrested and detained for rape, despite the fact that he had no genitals. The man, who was mutilated as a child, spent nearly two months in jail before the charges were dropped.

Wrongful Arrest and 54 Days in Jail
The man, whose identity is withheld for his dignity, was arrested on March 26, 2020, at his home in Ladysmith on a charge of raping a neighbor’s child. Despite his father informing the police that he had no genitals, the investigating officer failed to act on this crucial information.

He was denied bail four days later and spent 54 days in overcrowded and unsanitary detention—first at a police holding cell and then at Ladysmith Correctional Centre. The case was only withdrawn on May 18, 2020, after a medical examination confirmed that he was physically incapable of committing the crime.

Police Fail to Defend Themselves in Court
The man took the matter to the KwaZulu-Natal High Court in Pietermaritzburg, seeking damages for his unlawful arrest and detention. The police, despite initially denying wrongdoing, failed to present any defense when the case went to trial.

The National Prosecuting Authority (NPA), however, was not held liable for malicious prosecution, as the charges were withdrawn before the trial proceeded.

Court Slams Investigating Officer’s Negligence
The court heavily criticized the investigating officer for neglecting to verify the claim that the accused had no genitals. Even after being informed by the man’s father, the officer failed to notify the prosecution or investigate further.

The court acknowledged that South African prisons are overcrowded and inhumane, but there was limited evidence presented regarding the conditions in his specific cell. Nevertheless, it ruled that his prolonged detention was unjustified.

No Apology from Police