A foreign national has successfully sued the Minister of Home Affairs and the department’s director-general for unlawful arrest and detention.
Christian Emeka Okonkwo approached the East London High Court after he was arrested on August 3 2012 by an immigration officer.
Okonkwo claimed the immigration officer did not have a warrant of arrest or any legal authority to make the arrest.
“The arrest took place in a public place in full view of members of the public,” Okonkwo said in his claim, adding that he was detained at the East London Correctional Centre.
Home Affairs Minister Malusi Gigaba and director-general Mkuseli Apleni are cited as defendants in the matter.
Okonkwo further asserted that he was detained for three months without being taken to court.
He said after three months he was “simply released” to his Quigney home.
“ arrest by immigration officials was without any justification or lawful excuse, they constituted an intentional interference with his personal liberty. The arrest was insulting and injurious to Okonkwo, they impaired his integrity, dignity and self-esteem. The arrest caused Okonkwo embarrassment and humiliation,” the claim reads in part.
Okonkwo allegedly suffered loss of business income as a consequence of his incarceration. He claimed the wrongful and unlawful arrest cost him R15000 to pay attorneys to secure his release.
Now Okonkwo is suing for contumelia (a deliberately offensive act), deprivation of liberty, legal expenses and loss of business income, to the tune of R1-million.
The defendants, however, said Okonkwo was arrested in terms of the law. “ when requested by the immigration officers, failed to produce a passport, a permit or any document to identify himself to satisfy the immigration officers,” the defendants said in their amended plea.
They said the immigration officers were acting within the scope of their employment.
Yesterday acting judge Mandisa Kahla found that Okonkwo’s arrest and detention were unlawful.
“The defendant is liable to pay for the damages as a result of the unlawful arrest and detention,” Kahla said.
The defendants were also ordered to pay the costs of the civil suit. The matter was postponed to June 18 for the amount to be determined.
Yesterday Gigaba said other countries had stringent immigration regulations, and South Africa had to “be alert”, especially considering the “recent experiences in Kenya and Nigeria”. — siyab@dispatch.co.za
Foreign national arrested unlawfully
Christian Emeka Okonkwo approached the East London High Court after he was arrested on August 3 2012 by an immigration officer.
Okonkwo claimed the immigration officer did not have a warrant of arrest or any legal authority to make the arrest.
“The arrest took place in a public place in full view of members of the public,” Okonkwo said in his claim, adding that he was detained at the East London Correctional Centre.
Home Affairs Minister Malusi Gigaba and director-general Mkuseli Apleni are cited as defendants in the matter.
Okonkwo further asserted that he was detained for three months without being taken to court.
He said after three months he was “simply released” to his Quigney home.
“ arrest by immigration officials was without any justification or lawful excuse, they constituted an intentional interference with his personal liberty. The arrest was insulting and injurious to Okonkwo, they impaired his integrity, dignity and self-esteem. The arrest caused Okonkwo embarrassment and humiliation,” the claim reads in part.
Okonkwo allegedly suffered loss of business income as a consequence of his incarceration. He claimed the wrongful and unlawful arrest cost him R15000 to pay attorneys to secure his release.
Now Okonkwo is suing for contumelia (a deliberately offensive act), deprivation of liberty, legal expenses and loss of business income, to the tune of R1-million.
The defendants, however, said Okonkwo was arrested in terms of the law. “ when requested by the immigration officers, failed to produce a passport, a permit or any document to identify himself to satisfy the immigration officers,” the defendants said in their amended plea.
They said the immigration officers were acting within the scope of their employment.
Yesterday acting judge Mandisa Kahla found that Okonkwo’s arrest and detention were unlawful.
“The defendant is liable to pay for the damages as a result of the unlawful arrest and detention,” Kahla said.
The defendants were also ordered to pay the costs of the civil suit. The matter was postponed to June 18 for the amount to be determined.
Yesterday Gigaba said other countries had stringent immigration regulations, and South Africa had to “be alert”, especially considering the “recent experiences in Kenya and Nigeria”. — siyab@dispatch.co.za
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