Gomolemo v Minister of Police (2601/2018) [2022] ZANWHC 21 (21 June 2022)

Gomolemo v Minister of Police (2601/2018) [2022] ZANWHC 21 (21 June 2022)

The court held that the stringent test for absolution from the instance applies equally at the close of the defendant's case. The plaintiff's application for judgment without leading evidence or closing his case was not supported by the evidence presented. The defendant led evidence from two witnesses, and although the arresting officer's affidavit was excluded, the court was not convinced that the plaintiff had made out a case for judgment at this stage. The court refrained from making pronouncements on the merits of the evidence or the legal position under the Stock Theft Act, as this was not appropriate at this procedural juncture. Accordingly, the application for judgment was...

Citation
[2022] ZANWHC 21
Parties
Plaintiff: Morakile Daniel Gomolemo; Defendant: Minister of Police
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
21 June 2022
Case Number
2601/2018
Procedural Posture
Civil Procedure / Application for Judgment at Close of Defendant's Case
Outcome
Application for judgment in favour of the plaintiff at the close of the defendant's case is dismissed.
Judges
Petersen
Legal Topics
Absolution From the Instance, Unlawful Arrest, Damages for Detention, Stock Theft Act
Civil Procedure Delict Absolution From the Instance Unlawful Arrest Damages for Detention Stock Theft Act

Case Brief

Summary, issues, holding and outcome

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Parties

Morakile Daniel Gomolemo

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Procedure / Application for Judgment at Close of Defendant's Case

Legal Issues

  1. 1 Whether the plaintiff is entitled to judgment at the close of the defendant's case without leading evidence or closing his case.
  2. 2 Whether the defendant's evidence is sufficient to discharge the onus regarding the lawfulness of the arrest and detention.
  3. 3 Whether the application for judgment should be granted in light of the test for absolution from the instance.

Ratio Decidendi

The court held that the stringent test for absolution from the instance applies equally at the close of the defendant's case. The plaintiff's application for judgment without leading evidence or closing his case was not supported by the evidence presented. The defendant led evidence from two witnesses, and although the arresting officer's affidavit was excluded, the court was not convinced that the plaintiff had made out a case for judgment at this stage. The court refrained from making pronouncements on the merits of the evidence or the legal position under the Stock Theft Act, as this was not appropriate at this procedural juncture. Accordingly, the application for judgment was...

Court Disposition

Application for judgment in favour of the plaintiff at the close of the defendant's case is dismissed.

Orders

  • The application for judgment in favour of the plaintiff at the close of the case for the defendant is dismissed.
  • Costs shall be costs in the cause.