Andrews v Minister of Police (CA233/2021) [2022] ZAECMKHC 79 (18 October 2022)

Andrews v Minister of Police (CA233/2021) [2022] ZAECMKHC 79 (18 October 2022)

The magistrate misdirected herself by drawing adverse inferences against the appellant for not calling witnesses without considering their availability or ability to elucidate the facts. The magistrate also erred in finding that the force used was justified, failing to apply the requirements of section 27(1) of the Criminal Procedure Act. The evidence established that the appellant had surrendered and was not resisting when police forcibly grabbed and put him to the ground, amounting to an unjustified assault. The injuries suffered were consistent with forceful manhandling and not with a fall during flight. The respondent failed to discharge the onus of proving justification for the...

Citation
[2022] ZAECMKHC 79
Parties
Appellant: Clayton Andrews; Respondent: Minister of Police
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
18 October 2022
Case Number
CA233/2021
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court Judgment
Outcome
Appeal upheld; magistrate's order set aside and replaced with an award of damages to the appellant.
Judges
Govindjee, ZM Nhlangulela
Legal Topics
Actio Iniuriarum, Bodily Integrity, Unlawful Assault, Damages Assessment, Onus of Proof
Delict Civil Procedure Actio Iniuriarum Bodily Integrity Unlawful Assault Damages Assessment Onus of Proof

Case Brief

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Parties

Clayton Andrews

Appellant

Minister of Police

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court Judgment

Legal Issues

  1. 1 Whether the appellant was unlawfully assaulted by members of the South African Police Service.
  2. 2 Whether the injuries suffered by the appellant were caused by police conduct or by a fall during flight.
  3. 3 Whether the respondent discharged the onus of proving justification for the physical interference with the appellant.

Ratio Decidendi

The magistrate misdirected herself by drawing adverse inferences against the appellant for not calling witnesses without considering their availability or ability to elucidate the facts. The magistrate also erred in finding that the force used was justified, failing to apply the requirements of section 27(1) of the Criminal Procedure Act. The evidence established that the appellant had surrendered and was not resisting when police forcibly grabbed and put him to the ground, amounting to an unjustified assault. The injuries suffered were consistent with forceful manhandling and not with a fall during flight. The respondent failed to discharge the onus of proving justification for the...

Court Disposition

Appeal upheld; magistrate's order set aside and replaced with an award of damages to the appellant.

Orders

  • The appeal is upheld with costs.
  • The defendant is ordered to pay the plaintiff the amount of R50,000.00 as damages, with interest at the legal rate per annum tempore morae from date of order until final payment.