Judge lashes Home Affairs for treatment of foreigner

A Nigerian shopkeeper, legitimately in SA, who spent 75 days in jail without trial, has been awarded R750 000 in damages by the Eastern Cape High Court (East London) in a case described by Judge PW Tshiki as ‘one of the worst treatments … endured by a human in our country since the dawn of our democracy’, notes Legalbrief. Instrumental in the abuse of Emeka Christian Okonkwo’s rights was the Home Affairs Department, which arrested him without a warrant, jailed him without ever giving him a reason for his arrest, showed no inclination to prosecute him and released him suddenly without explanation after he had been held for 75 days in appalling conditions. During his time in Fort Glamogan Prison in East London, he was subjected to abuse by other prisoners with whom he shared a congested cell. They attempted to have sex with him and forced him to sleep on the floor. The bedding on which he slept smelt of vomit and urine. After his release from custody he issued summons against the defendants for damages. The defendants defended the claim, dragging the matter out for nearly three years before conceding the merits. However, at no stage did Home Affairs consider settling the claim, despite the fact it offered no defence. The judge labelled this ‘reprehensible treatment in the extreme’.

Okonkwo v Minister of Home Affairs & another