Pretoria - An acting judge has expressed concern over the “social evil of the emergence of xenophobia” in the country, resulting in foreign nationals being arrested for no reason by police or targeted by other officials.
Acting Judge L Nowosenetz, sitting in the high court in Pretoria, made these remarks during a damages claim instituted by a Nigerian national against the police.
Unche Onwuchekwa was detained by police for 44 days for being illegally in the country. This was despite him being legally in South Africa and all his papers being in order.
He initially claimed R1.4 million from the minister of police who conceded his arrest and detention were unlawful. The minister accepted a 100 percent liability for the damages he could prove he had suffered.
He was arrested on September 12, 2009, by the then Witbank police, for being in the country “illegally”. Onwuchekwa immediately produced his passport and other documentation to prove he was legally in the country. Despite this, he was held in the then Witbank police cells for 44 days before charges were withdrawn against him.
Onwuchekwa said the police had his valid documentation in their possession, but they did not disclose this despite the prosecutor’s request for the documents. Police simply never gave an explanation why they detained him for such a long time.
He lawfully entered the country in 2006 and lived in eMalahleni (Witbank). He is a well-known drug counsellor who had completed various courses in Christian ministry.
The court was told Onwuchekwa has spoken widely at schools and universities, churches and youth groups on drug rehabilitation.
“He was a well known and highly regarded member of the community in eMalahleni,” the judge said.
The police captain who arrested him deserved censure and should be investigated, he said. “The plaintiff’s rights were callously violated… He was brought to court at least twice when police could have told the prosecutor he was legally here.”
The judge said the conclusion was “inescapable” that the captain on purpose withheld the information that he was legally here, to sabotage his prospects of being released or obtaining bail. “There was a material miscarriage of justice... These cases appear to be a contagion of xenophobia by some officials in performing their duties. Unless action is taken at the highest level to discipline these officials, the rule of law would be impaired,” he added.
Pretoria News