Pretoria - A Limpopo man is claiming R5.3 million in damages from the National Prosecuting Authority (NPA) after he spent more than a year in a police cell for robbery before he was acquitted and released.
Tshimangadzo Munyai said in papers before the High Court in Pretoria that the NPA knew from the start it had no case against him. Yet, he said, it persisted in prosecuting him until he was acquitted due to a lack of evidence.
Munyai also felt aggrieved that he had to spend all this time in a police cell without being granted bail.
He said he felt scared while locked up, humiliated and extremely vulnerable.
Munyai, who lives in Mutale Village, said his ordeal started on November 10, 2011, when “out of the blue” he was arrested by police on a charge of robbing a spaza shop. He was detained at the Tshamutumbu police station in Limpopo until January 15, 2013. He was refused bail by the prosecutor, who also wouldn't listen to his explanation that he knew nothing about the robbery, he said.
His case was postponed several times “due to the fault of the prosecution”.
He blamed the NPA for his fate and said the prosecutor had insight into the police docket and should have been aware from the start that there was no evidence linking him to the robbery.
Munyai also questioned why the Mutale Magistrate’s Court refused him bail, saying he had a right to his liberty.
He claimed R5m for the alleged violation of his human rights and R300 000 special damages for loss of income.
It was said the police received a call on November 10, 2011, from a woman running a spaza shop. She said two armed men robbed her shop. Police traced one suspect who was injured during the robbery, while Munyai was later arrested by the community and taken to the police.
The case has been postponed indefinitely and the NPA given 10 days to provide Munyai details he requested to advance his claim.
Pretoria News
* Use IOL’s Facebook and Twitter pages to comment on our stories. See links below.