Boy and Others v Minister of Police (4732/2019; 4733/2019;4734/2019;4735/2019;4736/2019;4737/2019;4858/2019;4859/2019) [2023] ZAFSHC 198 (22 May 2023)

Boy and Others v Minister of Police (4732/2019; 4733/2019;4734/2019;4735/2019;4736/2019;4737/2019;4858/2019;4859/2019) [2023] ZAFSHC 198 (22 May 2023)

The plaintiffs pleaded their cases on the basis of negligence by the defendant's employees, thereby assuming the burden to prove such negligence. The court found that, although the plaintiffs complicated their case by pleading negligence, there was evidence upon which a reasonable court could find in their favour. The evidence led by the plaintiffs, including their testimony regarding the circumstances of their arrest and detention, was sufficient to establish a prima facie case. The court held that the application for absolution from the instance could not succeed, as the plaintiffs had presented evidence that could support a finding in their favour if accepted.

Citation
[2023] ZAFSHC 198
Parties
Plaintiff: Shirley Elize Boy; Plaintiff: Manthabeleng Agnesia Mpele; Plaintiff: Abram Sekaleli; Plaintiff: Phumela Petros Lebona; Plaintiff: Khotso Julius Nyati; Plaintiff: Tshokolo John Mothebe; Plaintiff: Malusi Aaron Buyaphi; Plaintiff: Lineo Agnes Mofana; Defendant: Minister of Police
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
22 May 2023
Case Number
4732/2019; 4733/2019;4734/2019;4735/2019;4736/2019;4737/2019;4858/2019;4859/2019
Procedural Posture
Civil Trial / Application for Absolution From the Instance After Plaintiffs' Case Closed
Outcome
Application for absolution from the instance refused.
Judges
MOLITSOANE
Legal Topics
Unlawful Arrest, Unlawful Detention, Negligence, Burden of Proof, Absolution From the Instance
Civil Procedure Delict Unlawful Arrest Unlawful Detention Negligence Burden of Proof Absolution From the Instance

Case Brief

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Parties

Shirley Elize Boy

Plaintiff

Manthabeleng Agnesia Mpele

Plaintiff

Abram Sekaleli

Plaintiff

Phumela Petros Lebona

Plaintiff

Khotso Julius Nyati

Plaintiff

Tshokolo John Mothebe

Plaintiff

Malusi Aaron Buyaphi

Plaintiff

Lineo Agnes Mofana

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Application for Absolution From the Instance After Plaintiffs' Case Closed

Legal Issues

  1. 1 Whether the plaintiffs established a prima facie case of unlawful arrest and detention based on negligence of the defendant's employees.
  2. 2 Whether the application for absolution from the instance should be granted given the evidence led by the plaintiffs.
  3. 3 Whether the plaintiffs bore the burden of proving negligence and malice as pleaded.

Ratio Decidendi

The plaintiffs pleaded their cases on the basis of negligence by the defendant's employees, thereby assuming the burden to prove such negligence. The court found that, although the plaintiffs complicated their case by pleading negligence, there was evidence upon which a reasonable court could find in their favour. The evidence led by the plaintiffs, including their testimony regarding the circumstances of their arrest and detention, was sufficient to establish a prima facie case. The court held that the application for absolution from the instance could not succeed, as the plaintiffs had presented evidence that could support a finding in their favour if accepted.

Court Disposition

Application for absolution from the instance refused.

Orders

  • The application for absolution from the instance is refused.
  • Costs shall be costs in the cause.