One day, he was simply told he could go home. But, also as a result of the police’s actions, he contracted HIV/Aids. The man, whose identity is not revealed due to his health status, said the police had ruined his life. Not only did he lose slightly more than two years of his life for no reason, but other inmates had tattooed a large part of his body, by force. The Gauteng High Court, Pretoria, which ordered the police to pay the damages, was told that he contracted Aids from being tattooed. He had to endure all this simply because overzealous SAPS members believed he had stolen some schoolbags at a school, together with a few plastic cold drink bottles filled with coins. The man said he had lived in poverty with his grandmother until his arrest.

They were happy and tried to make ends meet. It emerged during the trial that after the SAPS had arrested him, they were satisfied that they “had their culprit” and did not lift a finger to further investigate the matter. The case docket contained no statements from either the accused or the witnesses. It also remained a mystery why the man was never granted bail following his arrest, and why he had to remain in jail for more than two years, to then simply be told one day that he could go home, without an explanation. The events were sparked after a school principal at Phogole Primary School in Makwassie in the North West reported a case of housebreaking and theft at the school. An officer with 15 years’ experience testified that they received information that there were two schoolbags and some bottles containing coins at the plaintiff’s house.

He had explained that a friend had left the items there the previous night. The SAPS arrested and detained him. The officer testified that he believed he took all the necessary statements from the relevant people. However, he could not explain why none of them were contained in the docket. The plaintiff said that although he had explained where he had got the bags and coins from, nobody had listened to him. The police even opposed his bail, although they knew where he lived with his grandmother. He said his time in jail was extremely stressful and the conditions were horrible. The jail was dirty and overcrowded. It had mice and there was violence and fighting among the inmates, coupled with police brutality. He was tattooed by force by the inmates, resulting in him contracting HIV. He learnt he was HIV positive when he was circumcised while in jail.

The police knew about his HIV status and frequently took him to the clinic to obtain treatment, he said. After more than two years in jail, he was released and told to go home because the charges were withdrawn due to a lack of evidence. He was released, with tattoos all over his body. He told the court he hated tattoos, and people look at him strangely, suspiciously, thinking he was a criminal. The plaintiff said he was released without an explanation or an apology. A psychologist testified about the long-lasting psychological scars the plaintiff had suffered as a result of his ordeal. Acting Judge N Mazibuko found that his arrest and detention were unlawful. He said that from the SAPS evidence, no information was provided that could have caused them to entertain any reasonable suspicion that the plaintiff was involved in the commission of the alleged crime. The judge said that given the circumstances and the plaintiff’s nightmare ordeal, R2 million in compensation was fair.