Kadur and Others v Minister of Police and Others (2016/8525) [2020] ZAGPJHC 205 (13 May 2020)

Kadur and Others v Minister of Police and Others (2016/8525) [2020] ZAGPJHC 205 (13 May 2020)

The court found, on a balance of probabilities and supported by video, photographic, and oral evidence, that the plaintiffs were unlawfully assaulted, arrested, and maliciously prosecuted by members of the SAPS. The first and second plaintiffs suffered severe humiliation, physical harm, and infringement of religious rights, while the third and fourth plaintiffs were also subjected to unlawful arrest and detention. The court compared the facts and quantum to previous cases, including Minister of Safety and Security v Seymour, Manase v Minister of Safety and Security, Minister of Safety and Security v Raymond Augustine, Maart v Minister of Police, and Minister of Safety and Security v...

Citation
[2020] ZAGPJHC 205
Parties
Plaintiff: Naazneen Banu Kadur; Plaintiff: Shireen Banu Shaik; Plaintiff: Zakiyah Ebrahim; Plaintiff: Jameel Ebrahim; Defendant: Minister of Police; Defendant: Kgokare William Malatjie; Defendant: David Maluleke
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 May 2020
Case Number
2016/8525
Procedural Posture
Civil Trial / Default Judgment After Trial on Merits and Quantum
Outcome
Judgment for the plaintiffs. The first and third defendants are ordered to pay general damages to each plaintiff and costs on a party and party scale.
Judges
FMM Snyman
Legal Topics
Unlawful Arrest, Assault by Police, Malicious Prosecution, General Damages, Default Judgment
Civil Procedure Delict Unlawful Arrest Assault by Police Malicious Prosecution General Damages Default Judgment

Case Brief

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Parties

Naazneen Banu Kadur

Plaintiff

Shireen Banu Shaik

Plaintiff

Zakiyah Ebrahim

Plaintiff

Jameel Ebrahim

Plaintiff

Minister of Police

Defendant

Kgokare William Malatjie

Defendant

David Maluleke

Defendant

Procedural Posture

Civil Trial / Default Judgment After Trial on Merits and Quantum

Legal Issues

  1. 1 Whether the plaintiffs were unlawfully assaulted by members of the South African Police Service.
  2. 2 Whether the plaintiffs were unlawfully arrested and detained.
  3. 3 Whether the plaintiffs were maliciously prosecuted.

Ratio Decidendi

The court found, on a balance of probabilities and supported by video, photographic, and oral evidence, that the plaintiffs were unlawfully assaulted, arrested, and maliciously prosecuted by members of the SAPS. The first and second plaintiffs suffered severe humiliation, physical harm, and infringement of religious rights, while the third and fourth plaintiffs were also subjected to unlawful arrest and detention. The court compared the facts and quantum to previous cases, including Minister of Safety and Security v Seymour, Manase v Minister of Safety and Security, Minister of Safety and Security v Raymond Augustine, Maart v Minister of Police, and Minister of Safety and Security v...

Court Disposition

Judgment for the plaintiffs. The first and third defendants are ordered to pay general damages to each plaintiff and costs on a party and party scale.

Orders

  • The first and third defendants are ordered to pay the first plaintiff R300,000 for general damages.
  • The first and third defendants are ordered to pay the second plaintiff R250,000 for general damages.