Home Affairs Minister Malusi Gigaba has been ordered by the East London High Court to pay a Nigerian national R750000 for being unlawfully arrested and detained by an immigration officer.
Christian Emeka Okonkwo was arrested on August 3 2012.
Despite being in the country legally and having the correct documentation for running his business, Okonkwo spent 75 days in custody without ever going to court. He approached the high court shortly after his release.
Okonkwo claimed the immigration officer did not have a warrant of arrest or any legal authority to make the arrest. He was arrested in front of his wife and their neighbours.
Okonkwo told the court tha twhile he had been in the holding cells he had been threatened with assault and some of the awaiting-trial prisoners made attempts to have sex with him. He said the cells smelt of urine, he did not have a bed to sleep on and there was always competition for the use of the toilet.
He said he was subjected to humiliation.
He said while he was in custody, he was forced to eat stamped maize and “a lot” of bread. He also complained the cells were congested.
Okonkwo’s arrest strained his relations with his wife to the point tha tshe left him and moved to Cape Town and his child was left in King William’s Town.
Earlier this year, advocate Tshepo Sibeko conceded to the merits of the case and agreed the arrest and detention were unlawful, the minister was liable and that the state should also pay the legal costs of the case.
The issue of how much was due to Okonkwo was what the court was left to decide.
Judge Phakamisa Tshiki said an individual’s right to personal freedom had always been “jealously guarded” by the courts and deprivation of personal liberty was viewed as a serious injury. “Those who took him to custody had no intention to take him to court so as to answer to whatever offence he might have committed,” he said.
Minister to pay R750 000 for unlawful arrest
Christian Emeka Okonkwo was arrested on August 3 2012.
Despite being in the country legally and having the correct documentation for running his business, Okonkwo spent 75 days in custody without ever going to court. He approached the high court shortly after his release.
Okonkwo claimed the immigration officer did not have a warrant of arrest or any legal authority to make the arrest. He was arrested in front of his wife and their neighbours.
Okonkwo told the court tha twhile he had been in the holding cells he had been threatened with assault and some of the awaiting-trial prisoners made attempts to have sex with him. He said the cells smelt of urine, he did not have a bed to sleep on and there was always competition for the use of the toilet.
He said he was subjected to humiliation.
He said while he was in custody, he was forced to eat stamped maize and “a lot” of bread. He also complained the cells were congested.
Okonkwo’s arrest strained his relations with his wife to the point tha tshe left him and moved to Cape Town and his child was left in King William’s Town.
Earlier this year, advocate Tshepo Sibeko conceded to the merits of the case and agreed the arrest and detention were unlawful, the minister was liable and that the state should also pay the legal costs of the case.
The issue of how much was due to Okonkwo was what the court was left to decide.
Judge Phakamisa Tshiki said an individual’s right to personal freedom had always been “jealously guarded” by the courts and deprivation of personal liberty was viewed as a serious injury. “Those who took him to custody had no intention to take him to court so as to answer to whatever offence he might have committed,” he said.
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