The man had been sentenced to 15 years’ imprisonment, but was released from prison after winning an appeal.
A North West man has been unsuccessful in suing the government for what he claimed was unlawful detention after his 15-year robbery sentence was overturned on appeal.
David Gaonamong approached the North West High Court in Mahikeng seeking damages after his conviction and sentence were set aside nearly a decade ago.
He argued that he was unlawfully detained for several days following the successful appeal.
ALSO READ: State loses appeal, ordered to pay over R4 million in damages for three men’s unlawful detention
Gaonamong had been incarcerated at Rooigrond Correctional Centre after being found guilty of robbery with aggravating circumstances and sentenced to 15 years’ imprisonment.
On 18 May 2015, Judge Ronald Hendricks upheld his appeal and overturned both his conviction and sentence.
Judge Tebogo Djaje later issued a warrant of liberation on 27 May 2015, paving the way for Gaonamong’s release, which took place on the same day.
North West man alleges unlawful detention
Following his release, Gaonamong instituted legal action against the Minister of Justice and Correctional Services — at the time a single portfolio before its separation in July 2024 — claiming damages for what he described as unlawful detention.
He contended that his continued incarceration for 10 days after the appeal judgment violated his constitutional right not to be deprived of freedom arbitrarily and without just cause.
ALSO READ: Woman awarded a million rand after being arrested while asking for water
The minister disputed the claim, arguing that Gaonamong was released immediately upon receipt of the warrant of liberation.
It was further argued that the assertion that the Department of Correctional Services failed to release him on 18 May was “baseless”.
High Court rejects damages claim
In a judgment delivered on Monday, 5 January 2026, Judge Sandisiwe Mfenyana dismissed Gaonamong’s claim, finding that his detention was lawful.
“This is not correct. It is common cause that while the judgment setting aside the plaintiff’s conviction and sentence was handed down on 18 May 2015, the order authorising the plaintiff’s release, together with the warrant of liberation were issued on 27 May 2015.
“On the same day, and upon receipt of the warrant of the order and the warrant of liberation, the responsible personnel at Correctional Services released the plaintiff,” the judgment reads.
READ MORE: Man spends 9 years in jail before charges against him are withdrawn
Mfenyana also rejected Gaonamong’s argument that responsibility lay with the minister simply because both justice and correctional services fell under the same portfolio at the time.
“No allegation has been made against the defendant in his capacity as the minister responsible for the Department of Justice, under whose command the court administrative personnel fall.
“As such, no case has been made out whatsoever in respect of the justice component of the defendant’s responsibility.”
No delay
The judge concluded that there was no evidence of delay or negligence on the part of correctional services officials at Rooigrond prison.
“At the risk of repetition, the issue before this court, as defined in the stated case and the pleadings, that the correctional services facility at Rooigrond failed to timeously act in accordance with the court order, is unfounded.
“As such, there was no delay stemming from these facts. Consequently, no liability can be attributed to the defendant in this regard.”
Gaonamong’s claim was dismissed with costs.
NOW READ: Potchefstroom man awarded R850k in damages after horrific ordeal of wrongful arrest, detention
