Motladile v Minister of Police

The appellant, Mr Daniel Malebadi Motladile, a traditional healer and passenger transporter, assisted an unknown man to purchase cattle. When the purchaser later defrauded the seller, the appellant was regarded as a potential witness. After voluntarily contacting and meeting the investigating officer at the police station on Christmas Day 2014, the appellant was unlawfully arrested and detained for theft under false pretences. He was detained for five days and four nights over the Christmas period, denied access to legal representation and family, held in filthy and overcrowded cells, assaulted by fellow inmates, and released without explanation after the prosecutor declined to enrol the case. His arrest and detention caused severe trauma, humiliation, reputational harm, and prevented him from attending a family wedding. He sued the Minister of Police for damages. The High Court held the arrest and detention unlawful but awarded only R60 000 in damages, calculated mechanically at R15 000 per day.

The appeal was upheld with costs, including the costs of two counsel. The High Court order was set aside and replaced with an order directing the Minister of Police to pay the appellant R200 000 in damages, together with interest at 7% per annum from date of service of summons, and costs on the High Court scale.

This judgment firmly rejects the use of a fixed or mechanical 'per day' benchmark for damages in unlawful arrest and detention cases. It reasserts individualized judicial discretion and underscores the constitutional importance of personal liberty and dignity. The case is significant in curbing regional practices that undermine principled assessment of damages and in reinforcing that deprivation of liberty is a serious constitutional injury warranting meaningful compensation.