The Mbombela High Court in South Africa has awarded R750,000 (N64m) in compensation to Wonder Nkambule, a man who was kept in unlawful custody for 77 days after his conviction and sentence were successfully overturned.
Judge AJ Shai, who presided over the case, found that the Department of Justice’s administrative failures were directly responsible for the delay in Nkambule’s release, despite his appeal being upheld on November 25, 2021. Nkambule, who was sentenced to life in prison in November 2013, had his sentence overturned after eight years behind bars but remained in custody for over two months beyond the legal timeframe.
The judgment noted that the Department of Justice failed to send the necessary warrant of liberation to the Department of Correctional Services in time, leading to Nkambule’s prolonged incarceration. Judge Shai described the detention as an arbitrary deprivation of freedom.
“I am satisfied that the plaintiff [Nkambule] successfully proved, on a balance of probabilities that his detention was unlawful. He was thus arbitrarily deprived of his freedom or without just cause and he should be compensated. In my view, a fair and reasonable compensation is an amount of R750,000,” the judge stated.
The court also ordered the Department of Justice to cover the costs of the legal proceedings, including the costs of counsel, on a party and party Scale B.
