Hendricks v Minister of Safety And Security (CA&R51/2015) [2015] ZAECGHC 61 (4 June 2015)

Hendricks v Minister of Safety And Security (CA&R51/2015) [2015] ZAECGHC 61 (4 June 2015)

The magistrate misdirected himself by considering irrelevant factors such as the appellant's income and the respondent's concession on liability, and by failing to have regard to comparable awards in similar cases and the applicable legal principles. The deprivation of liberty suffered by the appellant was serious, involving humiliating and degrading conditions, and the award of R30,000 was substantially out of accord with previous awards for similar periods of unlawful detention. The appropriate quantum, supported by precedent, is R100,000 as claimed in the summons. The appeal against quantum succeeds, and the magistrate's order is set aside and substituted with an award of R100,000 plus...

Citation
[2015] ZAECGHC 61
Parties
Appellant: Brian Hendricks; Respondent: Minister of Safety and Security
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
4 June 2015
Case Number
CA&R 51/2015
Procedural Posture
Civil Appeal / Appeal Against Quantum of Damages After Liability Conceded in Magistrate's Court
Outcome
Appeal upheld. Magistrate's award set aside and substituted with R100,000 plus interest and costs.
Judges
E Revelas, D Chetty
Legal Topics
Unlawful Arrest, Quantum of Damages, Deprivation of Liberty, Actio Iniuriarum, Personal Injury, Interest on Damages
Delict Unlawful Arrest Quantum of Damages Deprivation of Liberty Actio Iniuriarum Personal Injury Interest on Damages

Case Brief

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Parties

Brian Hendricks

Appellant

Minister of Safety and Security

Respondent

Procedural Posture

Civil Appeal / Appeal Against Quantum of Damages After Liability Conceded in Magistrate's Court

Legal Issues

  1. 1 Whether the quantum of damages awarded by the magistrate for unlawful arrest and detention was appropriate.
  2. 2 Whether the magistrate failed to consider comparable awards and relevant legal principles in determining quantum.
  3. 3 Whether the appellant's income and the respondent's concession on liability were relevant factors in assessing damages.

Ratio Decidendi

The magistrate misdirected himself by considering irrelevant factors such as the appellant's income and the respondent's concession on liability, and by failing to have regard to comparable awards in similar cases and the applicable legal principles. The deprivation of liberty suffered by the appellant was serious, involving humiliating and degrading conditions, and the award of R30,000 was substantially out of accord with previous awards for similar periods of unlawful detention. The appropriate quantum, supported by precedent, is R100,000 as claimed in the summons. The appeal against quantum succeeds, and the magistrate's order is set aside and substituted with an award of R100,000 plus...

Court Disposition

Appeal upheld. Magistrate's award set aside and substituted with R100,000 plus interest and costs.

Orders

  • The appeal is upheld with costs.
  • The order of the court a quo is set aside and substituted with: The defendant is ordered to pay the plaintiff damages in the amount of R100,000 (One Hundred Thousand Rand).