Prisoners’ rights activist Golden Miles Bhudu has filed a claim against the police ministry and the National Prosecuting Authority (NPA), seeking more than R7m in damages for what he says was his wrongful detention.
Bhudu was arrested and held in custody after he was sentenced to eight years by the Wynberg magistrate’s court in September 2008.
This was against the backdrop of charges linking him to corruption and claims that he assisted Israeli national Moredeche Motis Sabagh in his escape from Leeuwkop Prison.
He maintains that his arrest and detention were unjustified and have caused significant reputational damage, financial loss and emotional distress.
In his combined summons filed at the Johannesburg high court on April 28, he claims that state prosecutors relied on contradictory evidence from a single witness, who was a convicted prisoner at the time.
After his conviction, Bhudu states that he petitioned the same court in 2009 for leave to appeal against his sentence and was released on R10,000 bail on February 6 2009 pending his appeal.
His papers show that acting judge Thembi Bokako ruled in July 2024 that his conviction and sentence be set aside, as the state had failed to show evidence linking him to the offence.
He states that the ruling came as a result of his trial record being lost for almost 15 years and having to be reconstructed.
My prosecution was retaliatory, motivated by my activism and prior complaints against SAPS officials. Despite my conviction, the state did not have probable cause to enable the prosecution on the alleged charges.
— Golden Miles Bhudu in affidavit
“As a result, my conviction and sentence were wholly overturned, and my name was cleared after more than 17 years of suffering caused by the police and prosecution’s unlawful and malicious conduct,” reads his affidavit.
Bhudu is the president of the civil organisation the South African Prisoners Organisation for Human Rights (Sapohr).
He claims that the prosecution was motivated by his activism and that the testimony in the case was obtained from police officials he had previously lodged complaints against.
“My prosecution was retaliatory, motivated by my activism and prior complaints against SAPS officials. Despite my conviction, the state did not have probable cause to enable the prosecution on the alleged charges,” reads the affidavit.
He is known for his outspoken criticism of the correctional system and wears his signature orange uniform.
“I was further detained in various correctional facilities, including Johannesburg and Krugersdorp correctional centres, from the date of my sentence on September 8 2008 until February 2009, when I was released on bail pending the appeal,” reads the affidavit.
He states that he was arrested by the Booysens police station after he presented himself there upon establishing that a warrant for his arrest had been issued.
He further states in court papers that he was subpoenaed by the state to be a witness in the case but was never called on to give his testimony.
“I presented myself at the Booysens police station and was summarily detained in terms of that warrant, which was issued at the instance of the senior prosecutor of the Wynberg magistrates court,” according to the affidavit.
He states that his detention placed him in a negative light and portrayed him as an untrustworthy person.
“My detention cast aspersions on my integrity as a public representative and advocate of human rights for persons in detention. It further led donors of Sapohr to withdraw their support,” reads the affidavit.
He outlines that the prosecution insisted on enrolling the case despite a clear lack of evidence implicating him.
“The state did not have a prima facie case against me, and the senior prosecutor who applied for and obtained a warrant for my arrest did so with ulterior motives.”
He stated that the detention caused him to suffer psychological and emotional harm.
“As a result of the detention and my widely publicised incarceration, I experienced reputational harm, loss of income, as well as lost professional opportunities, including my inability to serve in public office as a member of parliament. The detention, prosecution and subsequent erroneous conviction harmed my aspirations,” the affidavit reads.
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