Acting Judge Irene de Vos has mandated the Minister of Police to compensate Ntokozo Patrick Xulu with R2.6 million for the unjust arrest and detention. Ntokozo Xulu was held captive for 813 days following an attempted robbery outside his residence, during which he shot and killed one of the hijackers referred to as "Mr Rodriguez" in the court's statement.

• The victim of an attempted hijacking who shot and killed one of his attackers spent 813 days behind bars as a result of a wrongful arrest.
• Judge Irene de Vos found that the police had suppressed evidence from the prosecution and had “failed in their public duty”.
• Ntokozo Patrick Xulu was acquitted of murder at his trial but had “lost two years of his life”, the judge said.
• The Johannesburg High Court has ordered the Minister of Police, Bheki Cele to pay R2.6-million in damages.

Upon his arrest, Xulu was en route to a local police station to report the incident. Despite confessing to shooting someone and presenting his registered firearm to the officer, he was taken into custody and spent two nights behind bars prior to his court appearance. He was denied bail. Xulu reiterated to the police that he had acted in self-defense, but this crucial aspect of his defense was intentionally withheld by the investigating officer, prompting his lengthy detention.

Judge de Vos stated that Xulu persistently informed the police of his self-defense actions, but the prosecution was oblivious to the fact that the person being charged had been a victim of an attack and had acted to preserve his own life.

She further highlighted that Xulu's initial account to the police might have appeared improbable, but subsequent evidence tilted the scales in his favor. He had just returned home from work to a perilous neighborhood, fired warning shots, and only resorted to shooting Rodriguez when warnings proved futile. The evidence included cartridge cases at the scene and ballistic reports corroborating his account.

Xulu's acquittal came after enduring two years in Johannesburg prison awaiting his trial.

The police officers refuted Xulu's claim of self-defense, but evidence in the form of a cover letter for ballistics testing of the cartridges contradicted their stance, explicitly mentioning the shooting of a hijacker "in the act." Judge de Vos criticized the investigating officer for failing in his duty by not informing the prosecutor of Xulu's defense, asserting that this negligence contradicted the law.

The prosecutor, testifying in Xulu's damages claim, affirmed that knowing about the defense would have altered her approach to the case. The police's actions not only hindered the magistrate from considering bail but also amounted to a deficient and delayed investigation, causing immense trauma and hardship to Xulu. Consequently, the judge ordered the minister to compensate Xulu with R2.6 million for the wrongful arrest and detention, along with the costs of the application on a punitive scale.