Augustine and Others v Minister of Safety and Security (A315/2015) [2016] ZAGPPHC 581 (26 April 2016)

Augustine and Others v Minister of Safety and Security (A315/2015) [2016] ZAGPPHC 581 (26 April 2016)

The appeal court found that the trial court's award of R25,000 per appellant for general damages was excessively low given the psychological trauma suffered, including post-traumatic stress disorder, as a result of the unlawful police entry. The conservative approach to quantum, as endorsed by the Supreme Court of Appeal, was applied, resulting in an increased award of R100,000 per appellant. The court held that there was no basis for awarding a higher amount to the fourth appellant, as the pleadings and submissions consistently sought equal compensation. The trial court's failure to award future medical expenses was corrected, with a total of R63,000 awarded for all appellants. Interest...

Citation
[2016] ZAGPPHC 581
Parties
Appellant: Raymond Augustine; Appellant: Sharon Augustine; Appellant: Jarred Sheldon Augustin; Appellant: Celine Janine Augustine; Respondent: Minister of Safety and Security
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 April 2016
Case Number
A315/2015
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment
Outcome
Appeal upheld. The trial court's order is substituted with increased damages, future medical expenses, higher interest, and costs on the High Court scale.
Judges
Makgoka
Legal Topics
Unlawful Search and Seizure, General Damages, Quantum of Damages, Future Medical Expenses, Costs Award
Delict Civil Procedure Unlawful Search and Seizure General Damages Quantum of Damages Future Medical Expenses Costs Award

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Raymond Augustine

Appellant

Sharon Augustine

Appellant

Jarred Sheldon Augustin

Appellant

Celine Janine Augustine

Appellant

Minister of Safety and Security

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment

Legal Issues

  1. 1 Whether the quantum of general damages awarded by the trial court was adequate given the psychological trauma suffered by the appellants.
  2. 2 Whether the trial court erred in not awarding future medical expenses.
  3. 3 Whether the costs should have been awarded on a magistrate court scale or a High Court scale.

Ratio Decidendi

The appeal court found that the trial court's award of R25,000 per appellant for general damages was excessively low given the psychological trauma suffered, including post-traumatic stress disorder, as a result of the unlawful police entry. The conservative approach to quantum, as endorsed by the Supreme Court of Appeal, was applied, resulting in an increased award of R100,000 per appellant. The court held that there was no basis for awarding a higher amount to the fourth appellant, as the pleadings and submissions consistently sought equal compensation. The trial court's failure to award future medical expenses was corrected, with a total of R63,000 awarded for all appellants. Interest...

Court Disposition

Appeal upheld. The trial court's order is substituted with increased damages, future medical expenses, higher interest, and costs on the High Court scale.

Orders

  • The respondent is ordered to pay R100,000 to each appellant in respect of general damages.
  • The respondent is ordered to pay R63,000 in respect of future medical expenses for all appellants.