Fuduswa v Minister of Police (155/2016) [2018] ZAECGHC 60 (17 July 2018)

Fuduswa v Minister of Police (155/2016) [2018] ZAECGHC 60 (17 July 2018)

The court found that the arresting officer, Constable Madikane, did not have reasonable grounds to suspect the plaintiff had committed intimidation as defined in Schedule 1 of the Criminal Procedure Act. The officer's decision to arrest was based on the plaintiff's lack of cooperation rather than any genuine suspicion of a Schedule 1 offence. The evidence, including video footage, showed that the complainant was not intimidated and that the plaintiff's conduct did not amount to intimidation. The court held that the arrest and subsequent detention were unlawful. The plaintiff was entitled to damages for the violation of his right to liberty and dignity, taking into account the...

Citation
[2018] ZAECGHC 60
Parties
Plaintiff: Vuyisana Fuduswa; Defendant: Minister of Police
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
17 July 2018
Case Number
155/2016
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's claim for damages for unlawful arrest and detention is upheld.
Judges
T Malusi
Legal Topics
Unlawful Arrest and Detention, Damages Assessment, Section 40 Criminal Procedure Act, Intimidation Act, Right to Personal Liberty, Pleading Requirements
Civil Procedure Delict Constitutional Law Unlawful Arrest and Detention Damages Assessment Section 40 Criminal Procedure Act Intimidation Act Right to Personal Liberty +1 more

Case Brief

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Parties

Vuyisana Fuduswa

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the arrest and detention of the plaintiff were unlawful.
  2. 2 Whether the arresting officer had reasonable grounds to suspect the plaintiff committed a Schedule 1 offence under section 40(1)(b) of the Criminal Procedure Act.
  3. 3 Whether the plaintiff is entitled to damages for wrongful arrest and detention.

Ratio Decidendi

The court found that the arresting officer, Constable Madikane, did not have reasonable grounds to suspect the plaintiff had committed intimidation as defined in Schedule 1 of the Criminal Procedure Act. The officer's decision to arrest was based on the plaintiff's lack of cooperation rather than any genuine suspicion of a Schedule 1 offence. The evidence, including video footage, showed that the complainant was not intimidated and that the plaintiff's conduct did not amount to intimidation. The court held that the arrest and subsequent detention were unlawful. The plaintiff was entitled to damages for the violation of his right to liberty and dignity, taking into account the...

Court Disposition

Plaintiff's claim for damages for unlawful arrest and detention is upheld.

Orders

  • The defendant shall pay the plaintiff an amount of R70,000.00 for damages consequent upon the plaintiff's unlawful arrest and detention on 15 September 2015.
  • The defendant shall pay interest on the aforesaid amount, calculated at the rate of 9% per annum, from the date of judgment to date of final payment.