Donatie v Minister of Police (Leave to Appeal) (1766/2019) [2023] ZAECMKHC 12 (6 February 2023)

Donatie v Minister of Police (Leave to Appeal) (1766/2019) [2023] ZAECMKHC 12 (6 February 2023)

The court found that the applicant’s grounds for appeal were largely factual and did not demonstrate a material misdirection or clear error in the assessment of damages. The evidence and legal principles considered in the trial judgment supported the quantum awarded, and the approach of making a single globular award for general damages and contumelia was justified given the circumstances. However, the court acknowledged that it misdirected itself by awarding costs based solely on the quantum of damages and failing to consider the broader constitutional and public interest issues involved, including gender-based violence and police misconduct. The court concluded that there was a...

Citation
[2023] ZAECMKHC 12
Parties
Applicant: Delores Cecilia Donatie; Respondent: The Minister of Police
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
6 February 2023
Case Number
1766/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Trial Judgment and Order Delivered on 2 August 2022.
Outcome
Leave to appeal granted to the full court of the division against the portion of the judgment and order relevant to both quantum and the scale of costs.
Judges
Rugunanan
Legal Topics
Quantum of Damages, Contumelia, Costs Award, Leave to Appeal, Magistrates Court Jurisdiction, Gender Based Violence
Delict Civil Procedure Quantum of Damages Contumelia Costs Award Leave to Appeal Magistrates Court Jurisdiction Gender Based Violence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 19 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Delores Cecilia Donatie

Applicant

The Minister of Police

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Trial Judgment and Order Delivered on 2 August 2022.

Legal Issues

  1. 1 Whether the quantum of general damages awarded to the plaintiff was appropriate.
  2. 2 Whether the court erred in making a single globular award for general damages and contumelia.
  3. 3 Whether costs should have been awarded on the high court scale rather than the magistrates’ court scale.

Ratio Decidendi

The court found that the applicant’s grounds for appeal were largely factual and did not demonstrate a material misdirection or clear error in the assessment of damages. The evidence and legal principles considered in the trial judgment supported the quantum awarded, and the approach of making a single globular award for general damages and contumelia was justified given the circumstances. However, the court acknowledged that it misdirected itself by awarding costs based solely on the quantum of damages and failing to consider the broader constitutional and public interest issues involved, including gender-based violence and police misconduct. The court concluded that there was a...

Court Disposition

Leave to appeal granted to the full court of the division against the portion of the judgment and order relevant to both quantum and the scale of costs.

Orders

  • The plaintiff is granted leave to appeal to the full court of this division against that portion of the judgment and order delivered on 2 August 2022 relevant to both quantum and the scale of costs.
  • The costs of this application shall be costs in the appeal.