Christian and Another v Minister of Police and Another (2861/2018) [2022] ZAECGHC 28 (29 March 2022)

Christian and Another v Minister of Police and Another (2861/2018) [2022] ZAECGHC 28 (29 March 2022)

The court found that the Minister's tender was made in full and final settlement of claim one, which was pleaded as malicious, alternatively wrongful and unlawful arrest and detention. The tender did not distinguish between the claims, and the Minister's argument that liability for malicious arrest could not be conceded was inconsistent with the language of the tender. The court exercised its discretion to depart from the usual practice under rule 34(12), considering the Minister's failure to concede liability earlier and the manner in which the claims were pleaded. Accordingly, the application for reconsideration of the costs order was dismissed.

Citation
[2022] ZAECGHC 28
Parties
Plaintiff: Frans Christian; Plaintiff: Sinethemba Mjakuca; Defendant: Minister of Police; Defendant: Raymond Mhlaba Municipality
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
29 March 2022
Case Number
2861/2018
Procedural Posture
Civil Application / Reconsideration of Costs Order Under Rule 34(11) and (12)
Outcome
Application dismissed with costs.
Judges
Rugunanan
Legal Topics
Costs Orders, Unlawful Arrest and Detention, Rule 34 Tender, Judicial Discretion, Malicious Arrest
Civil Procedure Delict Costs Orders Unlawful Arrest and Detention Rule 34 Tender Judicial Discretion Malicious Arrest

Case Brief

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Parties

Frans Christian

Plaintiff

Sinethemba Mjakuca

Plaintiff

Minister of Police

Defendant

Raymond Mhlaba Municipality

Defendant

Procedural Posture

Civil Application / Reconsideration of Costs Order Under Rule 34(11) and (12)

Legal Issues

  1. 1 Should the costs order in favour of the second plaintiff be reconsidered in light of the Minister's tender made before trial?
  2. 2 Does the scope of the Minister's tender encompass both malicious and unlawful arrest and detention claims?
  3. 3 Is there justification for departing from the usual practice regarding costs under rule 34(12)?

Ratio Decidendi

The court found that the Minister's tender was made in full and final settlement of claim one, which was pleaded as malicious, alternatively wrongful and unlawful arrest and detention. The tender did not distinguish between the claims, and the Minister's argument that liability for malicious arrest could not be conceded was inconsistent with the language of the tender. The court exercised its discretion to depart from the usual practice under rule 34(12), considering the Minister's failure to concede liability earlier and the manner in which the claims were pleaded. Accordingly, the application for reconsideration of the costs order was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application for reconsideration of the costs order is dismissed with costs.