Dunjana and Others v Minister of Police (01/2015) [2017] ZAECPEHC 22 (9 March 2017)

Dunjana and Others v Minister of Police (01/2015) [2017] ZAECPEHC 22 (9 March 2017)

The court found that the arresting officer did not have reasonable or objectively sustainable grounds for suspecting the plaintiffs of having committed an offence. The information relied upon was vague, unsubstantiated, and not directly linked to the plaintiffs. The arresting officer failed to form his own suspicion and instead relied on hearsay and the opinions of others, rendering the arrest unlawful. The plaintiffs' evidence of assault, humiliation, and inhumane treatment during arrest and detention was accepted as credible and consistent. The defendant failed to discharge the onus to justify the arrest and detention. The plaintiffs' constitutional rights to liberty, dignity, and...

Citation
[2017] ZAECPEHC 22
Parties
Plaintiff: Luvuyo Fundile Dunjana; Plaintiff: Samkelisiwe Mzamo Hopa; Plaintiff: Chuma Fuyisizwe Kosana; Plaintiff: Sinekaya Mcopela; Plaintiff: Luyanda Nzo; Plaintiff: Sinethemba Payi; Plaintiff: Melikhaya Tanca; Defendant: Minister of Police
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
9 March 2017
Case Number
01/2015
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiffs' claim for wrongful and unlawful arrest, detention, and assault is upheld.
Judges
P.W. Tshiki
Legal Topics
Unlawful Arrest, Unlawful Detention, Assault by Police, Constitutional Rights Infringement, Damages for Humiliation
Delict Constitutional Law Unlawful Arrest Unlawful Detention Assault by Police Constitutional Rights Infringement Damages for Humiliation

Case Brief

Summary, issues, holding and outcome

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Parties

Luvuyo Fundile Dunjana

Plaintiff

Samkelisiwe Mzamo Hopa

Plaintiff

Chuma Fuyisizwe Kosana

Plaintiff

Sinekaya Mcopela

Plaintiff

Luyanda Nzo

Plaintiff

Sinethemba Payi

Plaintiff

Melikhaya Tanca

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the arrest and detention of the plaintiffs by the police was wrongful and unlawful.
  2. 2 Whether the plaintiffs were assaulted by police officers during arrest and detention.
  3. 3 Whether the plaintiffs' constitutional rights were infringed by the conduct of the police.

Ratio Decidendi

The court found that the arresting officer did not have reasonable or objectively sustainable grounds for suspecting the plaintiffs of having committed an offence. The information relied upon was vague, unsubstantiated, and not directly linked to the plaintiffs. The arresting officer failed to form his own suspicion and instead relied on hearsay and the opinions of others, rendering the arrest unlawful. The plaintiffs' evidence of assault, humiliation, and inhumane treatment during arrest and detention was accepted as credible and consistent. The defendant failed to discharge the onus to justify the arrest and detention. The plaintiffs' constitutional rights to liberty, dignity, and...

Court Disposition

Plaintiffs' claim for wrongful and unlawful arrest, detention, and assault is upheld.

Orders

  • The defendant is ordered to pay damages to each plaintiff for wrongful and unlawful arrest, detention, and assault.
  • The quantum of damages is to be determined.