Bapela and Another v Minister of Police (10196/12) [2013] ZAGPJHC 256 (16 October 2013)

Bapela and Another v Minister of Police (10196/12) [2013] ZAGPJHC 256 (16 October 2013)

The court found that the first plaintiff was unlawfully assaulted and shot by police officers using rubber bullets during a protest, and that the defendant failed to justify the conduct of its employees. The second plaintiff was unlawfully arrested and detained, as her version was credible and uncontested, and the defendant failed to provide justification. The psychological injuries claimed by the second plaintiff were found to be too remote and not legally attributable to the defendant, as she did not witness the shooting and her sequelae were not foreseeable consequences of the police conduct. The quantum of damages was determined by averaging the amounts recommended by the experts,...

Citation
[2013] ZAGPJHC 256
Parties
Plaintiff: Alpheus Bapela; Plaintiff: Dimakatso Carol Bapela; Defendant: Minister of Police
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 October 2013
Case Number
10196/12
Procedural Posture
Civil Trial / Merits and Quantum
Outcome
The first plaintiff's claims for unlawful assault and medical expenses were upheld. The second plaintiff's claim for unlawful arrest and detention was upheld, but her claim for general damages for psychological injury was dismissed as too remote.
Judges
Monama
Legal Topics
Unlawful Arrest, Unlawful Assault, Quantum of Damages, Psychological Injury, Medical Expenses
Delict Civil Procedure Unlawful Arrest Unlawful Assault Quantum of Damages Psychological Injury Medical Expenses

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 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Alpheus Bapela

Plaintiff

Dimakatso Carol Bapela

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Merits and Quantum

Legal Issues

  1. 1 Whether the first plaintiff was unlawfully assaulted and shot by police officers.
  2. 2 Whether the second plaintiff was unlawfully arrested and detained by police officers.
  3. 3 Whether the psychological injuries claimed by the second plaintiff are legally attributable to the defendant.

Ratio Decidendi

The court found that the first plaintiff was unlawfully assaulted and shot by police officers using rubber bullets during a protest, and that the defendant failed to justify the conduct of its employees. The second plaintiff was unlawfully arrested and detained, as her version was credible and uncontested, and the defendant failed to provide justification. The psychological injuries claimed by the second plaintiff were found to be too remote and not legally attributable to the defendant, as she did not witness the shooting and her sequelae were not foreseeable consequences of the police conduct. The quantum of damages was determined by averaging the amounts recommended by the experts,...

Court Disposition

The first plaintiff's claims for unlawful assault and medical expenses were upheld. The second plaintiff's claim for unlawful arrest and detention was upheld, but her claim for general damages for psychological injury was dismissed as too remote.

Orders

  • The defendant is ordered to pay the first plaintiff R1935.79 for past medical expenses.
  • The defendant is ordered to pay the first plaintiff R135,000.00 for future medical expenses.