Thabo Bester case: Cleared accused can sue state for wrongful arrest
The state withdrew charges against three of the 12 accused in the Thabo Bester prison break case, bringing the number of suspects down to nine.
The group appeared in the Bloemfontein Magistrate’s Court, bar Nandipha Magudumana. who was reportedly unwell, on Wednesday.
State Prosecutor Amanda Bester announced the state is withdrawing charges against former G4S employees Nastassja Jansen, Thabang Meir, and Moeketsi Ramolula.
The trio were arrested and charged for allegedly aiding the convicted rapist and killer’s escape from the Mangaung Correctional Centre, which is run by G4S.
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Jansen, Meir and Ramolula were out on R10,000 bail.
Legal commentator, attorney, and founder of Dubazana Attorneys Incorporated Nthabiseng Dubazana says the three may consider recourse against the state.
“They can sue the state for wrongful arrest, wrongful detention, and wrongful imprisonment. Over and above that, if anyone had paid an amount of bail, will have the right to collect it because charges have been officially withdrawn against them.”
Dubazana also said if their incarceration resulted in the loss of employment for any of them, they may seek compensation.
“Let’s say, for example, that one was hired for five years, and they had worked two years they can claim for the balance of that because they would have lost our on that income as a result of the arrest,” she said.
Speaking to the SABC outside court on Wednesday, Jansen's lawyer Masilo Koenane said he would await instruction from his client on whether to take civil action against the state.
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