R90 000 payout for wrongful arrest

R90 000 after spending 18 months in jail, that's a pathetic amount awarded by the judge.
 
The problem might be that to this guy R90000 seems like what millions would be to us so he isn't really bothered in fighting it.
 
a friend of mine got that for being wrongfully held for a weekend!
 
R900 000 is not enough for wrongful imprisonment but I guess the judge deducted the cost for the service the cops did the guy exposing his wife's loyalty and deducted what he would have lost in a divorce if she didn't leave of her own accord eventually :)

This guy should take the 90 000 and get himself a decent lawyer or someone that breaks knees for a living, he probably contracted hiv in jail in the 18 months, 90k doesn't last long when you are too sick to work.
 
ponder said:
This is not the US people. His income would have been taken into the consideration and match for that period and also restitution for pain/suffering/humiliation added. The scales of justice are there to strike a balance, not enrich a individual.

Still sucks though.
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What about future earnings? He lost his job, what if cannot find another one that was paying as well? this is not america but he should have walked away with half bar at the very minimum. He has lost everything and they should pay.
 
Eish way too little... Even if one of us were only earning like 2k per month you go to jail, get raped, get hiv which is basically a death sentence, lose your job, wife, house, car, etc most likely. Anyone is going to struggle to get back on their feet after that. I would expect a payout of at least enough to put me back in the financial position I was in plus a helluva lot more if I was raped and got hiv... Hell if that happened I'd expect somewhere around my current salary * 2 with escalation for the rest of the my life.
 
ponder said:
This is not the US people. His income would have been taken into the consideration and match for that period and also restitution for pain/suffering/humiliation added. The scales of justice are there to strike a balance, not enrich a individual.

Still sucks though.
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Of course, but is 18 months of a man's freedom really only worth R90,000? Says a lot about how the South African justice system feels about wronging an innocent man.

He deserves a lot more than that.
 
Lycanthrope said:
Of course, but is 18 months of a man's freedom really only worth R90,000? Says a lot about how the South African justice system feels about wronging an innocent man.

He deserves a lot more than that.
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I do as well, but how do you set a yardstick to the value of someone's freedom? What they would be earning is the simplest measurement, any amounts after that could be determined by a judge.
 
Fudzy said:
I do as well, but how do you set a yardstick to the value of someone's freedom? What they would be earning is the simplest measurement, any amounts after that could be determined by a judge.
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No fudzy, you are confusing two seperate things. Loss of income and loss of freedom.
 
blunomore said:
No fudzy, you are confusing two seperate things. Loss of income and loss of freedom.
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I'm not, I asked how do put a value to freedom? If you lose your freedom you lose your income so that would be a place to start.
 
Fudzy said:
I'm not, I asked how do put a value to freedom? If you lose your freedom you lose your income so that would be a place to start.
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It would be a place to start yes, but cannot be the only compensation you receive. You deserve to be compensated for loss of income AND loss of freedom.

The courts always battle to put a figure to loss of freedom (the same as with claims for e.g. pain and suffering) but just because it is difficult, does not mean it should not be done.
 
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