Coetzee v Minister of Police and Another (2021/18449) [2024] ZAGPJHC 1133 (1 November 2024)

REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG

Case Number: 2021/18449

(1) REPORTABLE: YES / NO

(2) OF INTEREST TO OTHER JUDGES: YES/NO

(3) REVISED: YES/NO

In the matter between:

JIMMY HENRY COETZEE Plaintiff and MINISTER OF POLICE First Defendant NATIONAL PROSECUTING AUTHORIT Second Defendant

JUDGMENT

VALLARO AJ

Introduction

[1] In this matter, the plaintiff, an adult male, born on 8 June 1967, instituted an action against the MINISTER OF POLICE (“the First Defendant”) and the NATIONAL PROSECUTING AUTHORITY (“the Second Defendant”) claiming delictual damages for unlawful arrest, unlawful detention (pre- and post- first appearance in court) and malicious prosecution. The plaintiff was arrested without a warrant.

[2] The issues before the Court are:

a. Whether the arrest of the plaintiff was unlawful;

b. Whether the subsequent detention of the plaintiff from the day of arrest to the first appearance in court (19 September 2019 to 23 September 2019) was unlawful;

c. Whether the detention of the plaintiff after the first appearance in court, from 23 September 2019 to 9 October 2019 was unlawful;

d. Whether the plaintiff has proved malicious prosecution;

e. If applicable, the determination of the plaintiff’s damages.

The defendants’ pleaded case

[3] In terms of an amended plea, the first defendant admitted that the plaintiff was arrested on charges of possession of a dangerous weapon and specifically pleaded that the arrest was effected in terms of S40(1) of the Criminal Procedure Act 51 of 1977, read with S3 of the Dangerous Weapon Act 15 of 2013 and Sections 1 and 119(1)(a) of the Correctional Services Act 111 of 1998. Further the defendants plead that the plaintiff was detained in terms of Section 50(1) of the Criminal Procedure Act 51 of 1977. (Amended plea para 6: CaseLines 0002-4)

[4] The further detention at the Johannesburg Prison was effected in terms of S60 of the Criminal Procedure Act.

[1] Donono v Minister of Police 1973(4) 259 SA (C) 262 A-G

[2] (CCT 88/20) [2021] ZACC 10; 2021 (7) BCLR 698 (CC); 2021 (2) SACR 595 (CC) Par [30]

[3] 1986(3) SA 568 (A)

[4] 1993(3) SA 131 (AD)

[5] 2007 (1) SACR 131 (E) at [5]

[6] Glisson above 2007 (1) SACR 131 (E) at [6]

[7] Korkie v Minister of Police (2129)/2020) [2022] ZAECGHC 2, at [18] and [19]

[8] Areff v Minister van Polisie 1977 (2) Sa 900 (A) at 908 - 9

[9] 2009 (6) SA 82 (GSJ) par 10

[10] Makeleni and Another v S (CA & R 51/18) [2019] ZAECGHC (26 March 2019) at par 7

[11] (05/9489) [2008] ZAGPHC 50; 2008 (2) SACR 387 (W) (28 February 2008)

[12] Shidiack v Union Government (Minister of the Interior) 1912 (AD) 642 at 651-652.

[13] Zealand v Minister for Justice and Constitutional Development (CCT54/07) [2008] ZACC 3; 2008 (6) BCLR 601 (CC) ; 2008 (2) SACR 1 (CC) ; 2008 (4) SA 458 (CC) par 24

[14] [2014] ZASCA 108; 2015 (1) SACR 409 (SCA)

[15] Woji v Minister of Police 2015(1) SACR 409 (SCA) par 27

[16] [2014] ZASCA 130; 2015 (1) SACR 597 (SCA)

[17] [2019] ZACC 32; 2020 (1) SACR (CC) Par 62 and 63

[18] [2021] ZACC 10; 2021 (2) SACR 595 (CC)

[19] Mahlangu above N 18 Par 32

[20] Botha v Botha v Minister of Safety and Security and Others, January v Minister of Safety Security and Others (575/09, 576/09) [2011] ZAECPEHC 12; 2012 (1) SACR 305 (ECP) (2 April 2011) Par 29 and 30

[21] Zealand above N 13 Par 52

[22] (788/2011) [2012] ZASCA 189 (30 November 2012) Par 15

[23] Korkie v Minister of Police (2129)/2020) [2022] ZAECGHC 2, at [31]

[24] Mahlangu above N 18 Par 50

[25] Woji above N 14

[26] De Klerk above N 17