Elliot v Minister of Police (HCA07/2016) [2016] ZALMPPHC 9 (20 October 2016)

Elliot v Minister of Police (HCA07/2016) [2016] ZALMPPHC 9 (20 October 2016)

The magistrate erred in dismissing the appellant’s claim on the basis that the particulars of claim did not disclose a cause of action. The allegation of assault inherently includes the elements of wrongfulness and intention, and these need not be expressly pleaded. The appellant’s evidence was uncontested, and the respondent failed to rebut the prima facie case. The injuries sustained were serious and required medical treatment, and the assault involved contumelia as it occurred publicly and was repeated at the police station. The appeal succeeds, and the appellant is entitled to damages.

Citation
[2016] ZALMPPHC 9
Parties
Appellant: Monama Malesela Elliot; Respondent: Minister of Police
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
20 October 2016
Case Number
HCA 07/2016
Procedural Posture
Civil Appeal / Appeal From Magistrate Court Judgment
Outcome
Appeal upheld; magistrate’s order set aside and substituted with judgment for the appellant.
Judges
E M Makgoba, M G Phatudi
Legal Topics
Assault, Animus Injuriandi, Wrongfulness, Quantum of Damages
Delict Civil Procedure Assault Animus Injuriandi Wrongfulness Quantum of Damages

Case Brief

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Parties

Monama Malesela Elliot

Appellant

Minister of Police

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate Court Judgment

Legal Issues

  1. 1 Whether the particulars of claim disclosed a cause of action for assault.
  2. 2 Whether the magistrate erred in dismissing the claim for lack of averment of wrongfulness or intention.
  3. 3 Whether the appellant proved liability and quantum for damages arising from assault.

Ratio Decidendi

The magistrate erred in dismissing the appellant’s claim on the basis that the particulars of claim did not disclose a cause of action. The allegation of assault inherently includes the elements of wrongfulness and intention, and these need not be expressly pleaded. The appellant’s evidence was uncontested, and the respondent failed to rebut the prima facie case. The injuries sustained were serious and required medical treatment, and the assault involved contumelia as it occurred publicly and was repeated at the police station. The appeal succeeds, and the appellant is entitled to damages.

Court Disposition

Appeal upheld; magistrate’s order set aside and substituted with judgment for the appellant.

Orders

  • The appeal is upheld with costs.
  • The order of the Magistrate Court is set aside and substituted with judgment in favour of the plaintiff for payment of R60,000 with costs.