Augustine and Others v Minister of Police (19296/10) [2014] ZAGPPHC 969 (8 December 2014)

Augustine and Others v Minister of Police (19296/10) [2014] ZAGPPHC 969 (8 December 2014)

The court found, on a balance of probabilities, that the SAPS members entered and searched the plaintiffs' home without consent and without lawful justification. The police failed to properly identify the premises and acted in a manner that caused humiliation, intimidation, and psychological harm to the plaintiffs. The expert evidence of post-traumatic stress was accepted, and the defendant did not refute it with its own expert. The court determined that the quantum of damages should be guided by comparable cases but tailored to the facts, awarding R25,000 general damages to each plaintiff and R6,800 for past medical expenses. Costs were awarded on the Magistrate's Court scale.

Citation
[2014] ZAGPPHC 969
Parties
Plaintiff: Augustine Raymond; Plaintiff: Augustine Bashnee Sharon; Plaintiff: Augustine Jarred Sheldon; Plaintiff: Augustine Celine Janine; Defendant: Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 December 2014
Case Number
19296/10
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiffs' claims for general damages and past medical expenses are upheld; costs awarded.
Judges
Mali
Legal Topics
Unlawful Search and Seizure, Psychological Injury, General Damages, Quantum of Damages, Action Injuriarum
Delict Civil Procedure Unlawful Search and Seizure Psychological Injury General Damages Quantum of Damages Action Injuriarum

Case Brief

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Parties

Augustine Raymond

Plaintiff

Augustine Bashnee Sharon

Plaintiff

Augustine Jarred Sheldon

Plaintiff

Augustine Celine Janine

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether members of the South African Police Service unlawfully entered and searched the plaintiffs' premises.
  2. 2 Whether the plaintiffs suffered humiliation, intimidation, assault, and psychological harm as a result of the police conduct.
  3. 3 Whether the plaintiffs consented to the entry and search by SAPS members.

Ratio Decidendi

The court found, on a balance of probabilities, that the SAPS members entered and searched the plaintiffs' home without consent and without lawful justification. The police failed to properly identify the premises and acted in a manner that caused humiliation, intimidation, and psychological harm to the plaintiffs. The expert evidence of post-traumatic stress was accepted, and the defendant did not refute it with its own expert. The court determined that the quantum of damages should be guided by comparable cases but tailored to the facts, awarding R25,000 general damages to each plaintiff and R6,800 for past medical expenses. Costs were awarded on the Magistrate's Court scale.

Court Disposition

Plaintiffs' claims for general damages and past medical expenses are upheld; costs awarded.

Orders

  • The defendant is ordered to pay the first plaintiff R25,000 for general damages with interest at 9% from date of order to payment.
  • The defendant is to pay the first plaintiff R6,800 for past medical expenses.