Jobe and Others v Minister of Police (2228/2016) [2020] ZANCHC 50 (24 July 2020)

Jobe and Others v Minister of Police (2228/2016) [2020] ZANCHC 50 (24 July 2020)

The court found that the police discharged the onus to justify the arrests under section 40(1)(a) of the Criminal Procedure Act, as the plaintiffs were identified as active participants in violent protest actions, including public violence and contraventions of road traffic legislation. The plaintiffs' evidence was inconsistent, unreliable, and in several cases, absent, as many did not testify to rebut the police's prima facie case. The twelfth plaintiff's arrest under warrant was found lawful, as credible evidence established the warrant's existence and execution, despite its loss. The subsequent detention after first court appearance was not shown to be unlawful or caused by police...

Citation
[2020] ZANCHC 50
Parties
Plaintiff: Monnapule John Jobe; Plaintiff: Gilbert Tebogo Moncho; Plaintiff: Segofatsang Victor Gaotsenwe; Plaintiff: David Buting Seele; Plaintiff: Mogabe Patrick Kgamane; Plaintiff: Obusitse George Smock; Plaintiff: Kabelo Gideon Makape; Plaintiff: Masego Magdeline Babusi; Plaintiff: Joseph Pupa Tshiamo; Plaintiff: Thebeetsile Patrick Bogodile; Plaintiff: Kabelo Matiti; Plaintiff: Pule James Boraki; Defendant: Minister of Police
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
24 July 2020
Case Number
2228/2016
Procedural Posture
Civil Trial / Liability Determination; Quantum Postponed
Outcome
Plaintiffs' claims for wrongful arrest, unlawful detention, and assault are dismissed with costs.
Judges
Phatshoane
Legal Topics
Wrongful Arrest, Unlawful Detention, Public Violence, Use of Force in Arrest, Constitutional Rights, Assault Claim
Delict Criminal Law Civil Procedure Wrongful Arrest Unlawful Detention Public Violence Use of Force in Arrest Constitutional Rights +1 more

Case Brief

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Parties

Monnapule John Jobe

Plaintiff

Gilbert Tebogo Moncho

Plaintiff

Segofatsang Victor Gaotsenwe

Plaintiff

David Buting Seele

Plaintiff

Mogabe Patrick Kgamane

Plaintiff

Obusitse George Smock

Plaintiff

Kabelo Gideon Makape

Plaintiff

Masego Magdeline Babusi

Plaintiff

Joseph Pupa Tshiamo

Plaintiff

Thebeetsile Patrick Bogodile

Plaintiff

Kabelo Matiti

Plaintiff

Pule James Boraki

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Liability Determination; Quantum Postponed

Legal Issues

  1. 1 Whether the arrests of the plaintiffs on 27 November 2013 and 3 September 2014 were lawful.
  2. 2 Whether the subsequent detention of the plaintiffs after their first court appearance was lawful.
  3. 3 Whether the police used excessive force in effecting the arrests, particularly in relation to Ms Babusi.

Ratio Decidendi

The court found that the police discharged the onus to justify the arrests under section 40(1)(a) of the Criminal Procedure Act, as the plaintiffs were identified as active participants in violent protest actions, including public violence and contraventions of road traffic legislation. The plaintiffs' evidence was inconsistent, unreliable, and in several cases, absent, as many did not testify to rebut the police's prima facie case. The twelfth plaintiff's arrest under warrant was found lawful, as credible evidence established the warrant's existence and execution, despite its loss. The subsequent detention after first court appearance was not shown to be unlawful or caused by police...

Court Disposition

Plaintiffs' claims for wrongful arrest, unlawful detention, and assault are dismissed with costs.

Orders

  • The plaintiffs' claims are dismissed with costs.