• In June 2017, a refugee went to a Department of Home Affairs office to apply for the re-issue of his refugee papers that had been stolen during a robbery.
• Instead of getting help, Ntahompagaze Abdul was arrested by Home Affairs officials on a charge of being an illegal immigrant and detained for 13 days.
• The Gauteng High Court in Pretoria has ordered that the minister of Home Affairs pay R300 000 to the refugee for the unlawful arrest and detainment.
The Gauteng High Court in Pretoria has ordered the minister of Home Affairs to pay R300 000 to a refugee who was unlawfully arrested at one of the department`s offices after he tried to apply for a re-issue of his refugee papers that had been stolen.
On 7 June 2017, Ntahompagaze Abdul was arrested on a charge of being an illegal immigrant after he went to the Department of Home Affairs (DHA) officers in Marabastad, Pretoria, to apply for his refugee documents - which he had lost during a robbery three days earlier.
According to a judgment handed down earlier in May, Abdul was arrested by members of the DHA. After that, he was handed over to members of the SA Police Service at the Pretoria Central Police Station, where he was detained for 13 days.
On 20 June 2017, Abdul was released when it was discovered that he had been mistakenly arrested, Judge Elizabeth Kubushi said.
`As a result of such arrest and detention, the plaintiff [Abdul] is said to have suffered an infringement of his right to physical and psychological integrity and physical liberty,` Kubushi said.
`The plaintiff has, consequently, instituted action for unlawful arrest and detention against the minister of home affairs and the minister of police. The matter is defended.`
The matter was initially set down for trial in May 2020, where it was partially settled.
`Among others, the following was by agreement between the parties made an order of court, namely, that (a) the defendant [minister of home affairs] concedes liability in respect of the plaintiff`s 100% proven or agreed damages; (b) the claim against the minister of police is withdrawn; and (c) the quantum is postponed sine die [with no appointed date for resumption].`
Kubushi said Abdul was claiming R13 000 for loss of income and general damages of R400 000, which was later increased to R600 000.
`During oral argument, the plaintiff`s counsel included a further claim for future medical expenses and related expenses in respect of the treatment of depression and anxiety.`
Post-traumatic stress disorder
As part of the

matter, Abdul submitted medical reports by psychiatrists and psychologists, which spoke about his mental state following the arrest and detention.
Two specialist psychiatrists who independently examined Abdul agreed that, due to his arrest and subsequent incidents, he suffers from major depressive disorder and post-traumatic stress disorder (PTSD).
`The psychiatrists agree that the plaintiff requires psychiatric treatment and management. They also agree that the plaintiff suffered trauma physically, emotionally and economically, but does not require protection on psychiatric grounds.`
Two clinical psychologists said Abdul`s unlawful arrest and incarceration had left him with a range of physical, emotional and psychological difficulties directly occasioned by the trauma of his experience in custody.
General damages
Kubushi said from the medical reports, it could be determined that, during his detention, Abdul could not make a phone call to inform anyone that he was incarcerated, which made him anxious.
He also could not make a phone call to get his medication brought to him.
The reports said:
During the time he could not take his medication, he developed rashes on certain parts of the body.
Abdul further told the experts that he was locked up with other inmates in a dirty, smelly holding cell with only one open toilet wherein when any person wanted to relieve themselves, they would have to do it in full view of others.
The minister of Home Affairs` counsel contended that Abdul was held at a police station and that prison would have been worse.
It was also argued that Abdul`s PTSD, anxiety disorder and major depressive disorder could not solely be a result of his arrest and detention because he is from a country that experienced war in the past, which caused his parents to flee to South Africa.
Based on case law and the facts before the court, Kubushi said the R600 000 claimed by Abdul as compensation for general damages was excessive.
`A fair, reasonable and appropriate amount to compensate the plaintiff in the circumstances of this matter is R300 000,` Kubushi said.
The court dismissed Abdul`s claim for loss of income as a hairstylist.
Meanwhile, the claim for future medical expenses and related expenses was postponed as Abdul`s legal team asked for a postponement to amend its application for such a claim. V.5371

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