Woji v The Minister of Police

An armed robbery occurred at a Nedbank branch in Port Elizabeth in June 2007. Video footage led to the arrest of four suspects, including Mr Vuyani Woji, who was arrested in November 2007 by an investigating officer, Inspector Kuhn. Bail was sought in December 2007 but refused after Inspector Kuhn testified that the video footage clearly implicated all four accused. Mr Woji remained in custody until January 2009, when the charge against him was withdrawn after the prosecutor viewed the video footage and concluded that Mr Woji could not be identified. Mr Woji sued the Minister of Police for unlawful arrest, unlawful detention, and malicious prosecution. The High Court dismissed his claims, but he appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The High Court’s order was set aside and replaced with an order awarding Mr Woji R500,000 in damages for unlawful detention for the period 12 December 2007 to 13 January 2009, together with interest and costs.

The case is significant for clarifying that a magistrate’s remand or bail refusal does not automatically render detention lawful if it is based on negligent or misleading conduct by police. It reinforces the constitutional requirement that detention must be substantively justified under section 12(1)(a) of the Constitution and affirms state liability for negligent infringements of the right to freedom arising from bail proceedings.