Bishini and Others v Minister of Safety and Security (4421/2005) [2008] ZAECHC 64 (20 May 2008)

Bishini and Others v Minister of Safety and Security (4421/2005) [2008] ZAECHC 64 (20 May 2008)

The Plaintiffs were arrested without a warrant and on the basis of hearsay evidence, with no reasonable suspicion that a Schedule 1 offence had been committed. The police failed to investigate whether the alleged victim was actually deceased and ignored information that he was alive. The continued detention of the Plaintiffs, even after the magistrate's remand order, was arbitrary and without just cause, as the police did not communicate exculpatory information to the prosecutor or the court. The police officers had a constitutional and common law duty to act reasonably and to ensure that all relevant facts were placed before the court. Their omission was wrongful and in conflict with the...

Citation
[2008] ZAECHC 64
Parties
Plaintiff: Sonwabo Bishini; Plaintiff: Lukwe C. Cingiwe; Plaintiff: Vuyokazi P. Tyuka; Defendant: Minister of Safety and Security
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
20 May 2008
Case Number
4421/2005
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Judgment for the Plaintiffs. Defendant held liable for damages arising from unlawful arrest and detention.
Judges
C M Somyalo
Legal Topics
Unlawful Arrest, Unlawful Detention, Constitutional Damages, Bill of Rights Limitation, Police Liability
Delict Criminal Law Unlawful Arrest Unlawful Detention Constitutional Damages Bill of Rights Limitation Police Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Sonwabo Bishini

Plaintiff

Lukwe C. Cingiwe

Plaintiff

Vuyokazi P. Tyuka

Plaintiff

Minister of Safety and Security

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the arrest and detention of the Plaintiffs from 7 to 9 September 2002 was lawful.
  2. 2 Whether the continued detention of the Plaintiffs from 10 September to 2 October 2002 was lawful.
  3. 3 Whether the police officers and the Defendant are liable for damages arising from the unlawful arrest and detention.

Ratio Decidendi

The Plaintiffs were arrested without a warrant and on the basis of hearsay evidence, with no reasonable suspicion that a Schedule 1 offence had been committed. The police failed to investigate whether the alleged victim was actually deceased and ignored information that he was alive. The continued detention of the Plaintiffs, even after the magistrate's remand order, was arbitrary and without just cause, as the police did not communicate exculpatory information to the prosecutor or the court. The police officers had a constitutional and common law duty to act reasonably and to ensure that all relevant facts were placed before the court. Their omission was wrongful and in conflict with the...

Court Disposition

Judgment for the Plaintiffs. Defendant held liable for damages arising from unlawful arrest and detention.

Orders

  • Defendant is ordered to pay each of the three Plaintiffs a sum of R175,000.00 as damages.
  • Defendant is ordered to pay the Plaintiffs' costs, including costs occasioned by the employment of two Counsel.