Ackerman and Others v Minister of Safety and Security and Another (2327/2005(b)) [2014] ZAGPPHC 9 (29 January 2014)

Ackerman and Others v Minister of Safety and Security and Another (2327/2005(b)) [2014] ZAGPPHC 9 (29 January 2014)

The court found that the applicants failed to demonstrate reasonable prospects that another court would overturn the trial court's findings. The credibility findings made by the trial court were based on its assessment of the evidence presented, and there was no basis for an appellate court to interfere with those findings. The inferences drawn regarding the purpose of the used condoms and the lawfulness of the arrest were supported by the facts and the rejection of the applicants' version. The court held that there was no misdirection in the evaluation of evidence or in the conclusions reached. Accordingly, the application for leave to appeal was dismissed.

Citation
[2014] ZAGPPHC 9
Parties
Applicant: W A Ackerman; Applicant: A S Ackerman; Applicant: J E Ackerman; Applicant: M Geisler; Respondent: Minister of Safety and Security; Respondent: National Commissioner of the Police Services
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 January 2014
Case Number
2327/2005(B)
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Claims at Trial
Outcome
Application for leave to appeal dismissed with costs.
Judges
Mavundla N.M.
Legal Topics
Unlawful Arrest, Damages, Leave to Appeal, Credibility Findings
Civil Procedure Delict Unlawful Arrest Damages Leave to Appeal Credibility Findings

Case Brief

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Parties

W A Ackerman

Applicant

A S Ackerman

Applicant

J E Ackerman

Applicant

M Geisler

Applicant

Minister of Safety and Security

Respondent

National Commissioner of the Police Services

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Claims at Trial

Legal Issues

  1. 1 Whether there are reasonable prospects that another court would reach a different conclusion regarding the dismissal of the applicants' claims for unlawful arrest and damages.
  2. 2 Whether the trial court misdirected itself in its credibility findings and inferences drawn from the evidence.
  3. 3 Whether the restriction of movement by handcuffing constituted an arrest.

Ratio Decidendi

The court found that the applicants failed to demonstrate reasonable prospects that another court would overturn the trial court's findings. The credibility findings made by the trial court were based on its assessment of the evidence presented, and there was no basis for an appellate court to interfere with those findings. The inferences drawn regarding the purpose of the used condoms and the lawfulness of the arrest were supported by the facts and the rejection of the applicants' version. The court held that there was no misdirection in the evaluation of evidence or in the conclusions reached. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.
  • The applicants are jointly and severally, the one paying the other to be absolved, ordered to pay the costs of the application.