Bossert v Miniter of Safety and Security and Another (1394/2004) [2008] ZANWHC 53 (12 December 2008)

Bossert v Miniter of Safety and Security and Another (1394/2004) [2008] ZANWHC 53 (12 December 2008)

The court found that the plaintiff was unlawfully arrested and detained, which constituted a violation of his fundamental rights. The respondents admitted the unlawfulness of the arrest and detention, and the evidence established that the plaintiff suffered emotional trauma and embarrassment as a result. However,...

Source-derived case information.

Citation
[2008] ZANWHC 53
Parties
Applicant: J Bossert; Respondent: Minister of Safety and Security; Respondent: Inspector W Makhutle
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
12 December 2008
Case Number
1394/2004
Procedural Posture
Civil Trial / Final Judgment
Outcome
The defendants are jointly and severally liable for damages for unlawful arrest and detention. The claim for assault is dismissed.
Judges
M M Leeuw
Legal Topics
Unlawful Arrest, Unlawful Detention, Damages Quantification, Onus of Proof, Assault, Constitutional Rights Infringement
Delict Civil Procedure Unlawful Arrest Unlawful Detention Damages Quantification Onus of Proof Assault Constitutional Rights Infringement

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Parties

J Bossert

Applicant

Minister of Safety and Security

Respondent

Inspector W Makhutle

Respondent

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff was assaulted by police officers during arrest and detention.
  2. 2 Whether the plaintiff is entitled to damages for unlawful arrest and detention.
  3. 3 What is the appropriate quantum of damages for unlawful arrest and detention.

Ratio Decidendi

The court found that the plaintiff was unlawfully arrested and detained, which constituted a violation of his fundamental rights. The respondents admitted the unlawfulness of the arrest and detention, and the evidence established that the plaintiff suffered emotional trauma and embarrassment as a result. However, the court held that the plaintiff failed to prove, on a balance of probabilities, that he was assaulted by the police officers either intentionally or negligently, due to material contradictions in his evidence and lack of corroboration. The quantum of damages claimed by the plaintiff was found to be excessive, and the court awarded R10,000 for unlawful arrest and R25,000 for...

Court Disposition

The defendants are jointly and severally liable for damages for unlawful arrest and detention. The claim for assault is dismissed.

Orders

  • The defendants are ordered to pay R10,000 to the plaintiff for unlawful arrest.
  • The defendants are ordered to pay R25,000 to the plaintiff for unlawful detention.