The North West High Court in Mahikeng has ordered the South African Police Service (SAPS) and the National Prosecuting Authority (NPA) to pay R680,000 in damages to Thabo Lentoro, whose life was dramatically upended by an unlawful arrest and a subsequent malicious prosecution stemming from a protection order that he was never properly served.
Lentoro’s turmoil began with an interim protection order issued against him on September 22, 2020, by Francinah Racel Montsho, his father’s girlfriend.
However, Lentoro was unaware of this protection order and a day before it was issued, he was admitted to Job Shimankana Tabane Provincial Hospital due to health complications.
His hospitalisation lasted for nearly a month, during which he was completely oblivious to any legal action being taken against him.
The arresting officer, Seargent David Kgokong testified that he tried to serve Lentoro with the protection order, but he was not home. He explained that he called Lentoro and advised him of the interim protection order and told him it will be finalised on December 2.
According to Kgokong, he served the protection order telephonically.
Lentoro denied being told about the finalisation date but admitted that Kgokong telephonically informed him about the protection order, however, he claims he requested Kgokong to bring him the relevant documents in hospital.
When he was discharged on December 4, he went to the police station to enquire about a possible protection order and was referred to a clerk in the Magistrate’s Court. The clerk informed him that there was no protection order against him, as there was no record on their computer system and register.
Three days later, on December 7, he went to Montsho’s yard to visit his father, and Montsho confronted him with instructions from an attorney to the effect that he is not allowed entry. She called the attorney, placed the call on speaker, and the attorney said he was going to call the police.
Lentoro exited the yard and waited for the police officers to arrive. Upon their arrival, they showed him documents which he did not recognise. The officers explained that it is a protection order and asked whether he was ever given these documents, to which he answered in the negative.
He was subsequently arrested and taken to Tlhabane police station where he was detained for 14 days.
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Upon his release, Lentoro said he had lost his job at security company G4S where he earned a monthly R27,000. He said he was unable to obtain employment because of the charges that were brough against
Evaluating the merits of the case, acting Judge D Smit highlighted that the police, led by Kgokong, failed to ensure that Lentoro was made aware of the legal directives against him. Importantly, the judge pointed out that Lentoro was in hospital during the initial proceedings, which further complicated his ability to defend himself.
Judge Smit reiterated that there was no evidence confirming that the Magistrate’s Court had provided an order to permit service via telephone, thereby solidifying the court’s position against the due process failures encountered in Lentoro’s case.
For his unlawful arrest and subsequent detention, the Minister of police was ordered to pay Lentoro R480,000, along with interest, for the unlawful detention.
Furthermore, the NPA was ordered to pay him R200,000 for malicious prosecution which continued despite the absence of substantial evidence supporting the allegations.
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