Jamangile and Another v Minister of Correctional Services and Another (13659/2020) [2024] ZAGPJHC 38 (19 January 2024)

Jamangile and Another v Minister of Correctional Services and Another (13659/2020) [2024] ZAGPJHC 38 (19 January 2024)

The court found that the defendant's employees unlawfully and grossly violated the plaintiffs' constitutional rights to dignity and privacy through humiliating and unjustified searches. The conduct was not within the lawful scope of employment and was contra bonis mores. The Compensation for Occupational Injuries and Diseases Act does not bar the plaintiffs' claim, as the injury was not occupational but resulted from unlawful conduct. The defendant is fully liable for the plaintiffs' proven damages, and costs follow the result. The issues of merits and quantum are separated in accordance with the parties' pre-trial agreement.

Citation
[2024] ZAGPJHC 38
Parties
Plaintiff: Jamangile: Themba Ernest; Plaintiff: Khumalo: Andrew Thabo; Defendant: Minister of Correctional Services; Defendant: Provincial Commissioner (Gauteng): Department of Correctional Services
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
19 January 2024
Case Number
13659/2020
Procedural Posture
Civil Action / Merits Separated From Quantum; Default Judgment Following Defendant's Failure to Amend Plea
Outcome
Defendants are liable for damages caused to the plaintiffs by the incident on 4 December 2018; merits separated from quantum; costs awarded to plaintiffs.
Judges
Kgomongwe, AJ
Legal Topics
Right to Dignity, Right to Privacy, Unlawful Search, Compensation for Occupational Injuries, Vicarious Liability, Separation of Issues
Labour Law Delict Constitutional Law Right to Dignity Right to Privacy Unlawful Search Compensation for Occupational Injuries Vicarious Liability +1 more

Case Brief

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Parties

Jamangile: Themba Ernest

Plaintiff

Khumalo: Andrew Thabo

Plaintiff

Minister of Correctional Services

Defendant

Provincial Commissioner (Gauteng): Department of Correctional Services

Defendant

Procedural Posture

Civil Action / Merits Separated From Quantum; Default Judgment Following Defendant's Failure to Amend Plea

Legal Issues

  1. 1 Whether the employer is liable for damages arising from unlawful searches and violation of constitutional rights by its employees.
  2. 2 Whether the Compensation for Occupational Injuries and Diseases Act bars the plaintiffs' common law claim for damages in these circumstances.
  3. 3 Whether the conduct of the defendant's employees was within the scope of employment or contra bonis mores.

Ratio Decidendi

The court found that the defendant's employees unlawfully and grossly violated the plaintiffs' constitutional rights to dignity and privacy through humiliating and unjustified searches. The conduct was not within the lawful scope of employment and was contra bonis mores. The Compensation for Occupational Injuries and Diseases Act does not bar the plaintiffs' claim, as the injury was not occupational but resulted from unlawful conduct. The defendant is fully liable for the plaintiffs' proven damages, and costs follow the result. The issues of merits and quantum are separated in accordance with the parties' pre-trial agreement.

Court Disposition

Defendants are liable for damages caused to the plaintiffs by the incident on 4 December 2018; merits separated from quantum; costs awarded to plaintiffs.

Orders

  • Merits are separated from quantum in terms of Rule 33(4) of the Uniform Rules.
  • Quantum is postponed sine die.