Kanes and Another v Minister of Police (2649 & 2675/2018) [2020] ZAFSHC 33 (24 February 2020)

Kanes and Another v Minister of Police (2649 & 2675/2018) [2020] ZAFSHC 33 (24 February 2020)

The court found that the defendant failed to discharge the onus of proving the lawfulness of the plaintiffs' arrests and detentions. The evidence established that the police acted without proper grounds or warrants, and did not exercise their discretion rationally or in good faith. The plaintiffs' accounts of assault were corroborated by medical evidence and credible eyewitness testimony, while the defendant's witnesses were found to be evasive, contradictory, and unreliable. The handling of evidence by the police was suspicious, and key witnesses were not called. The court accepted the plaintiffs' version on a balance of probabilities, finding that both the arrests and the assaults were...

Citation
[2020] ZAFSHC 33
Parties
Plaintiff: Robert George Kanes; Plaintiff: Stella Tlaleng Motaung; Defendant: Minister of Police
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
24 February 2020
Case Number
2649 & 2675/2018
Procedural Posture
Civil Trial / Merits Separated and Adjudicated; Trial Concluded
Outcome
Plaintiffs' claims for unlawful arrest, detention, and assault succeed on the merits.
Judges
Opperman
Legal Topics
Unlawful Arrest, Unlawful Detention, Assault by Police, Onus of Proof, Evaluation of Evidence
Delict Civil Procedure Unlawful Arrest Unlawful Detention Assault by Police Onus of Proof Evaluation of Evidence

Case Brief

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Parties

Robert George Kanes

Plaintiff

Stella Tlaleng Motaung

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Merits Separated and Adjudicated; Trial Concluded

Legal Issues

  1. 1 Whether the plaintiffs' arrests and detentions were lawful under section 40 of the Criminal Procedure Act 51 of 1977.
  2. 2 Whether the plaintiffs were assaulted by members of the South African Police Services during and after arrest.
  3. 3 Whether the defendant discharged the onus to prove lawful arrest and detention.

Ratio Decidendi

The court found that the defendant failed to discharge the onus of proving the lawfulness of the plaintiffs' arrests and detentions. The evidence established that the police acted without proper grounds or warrants, and did not exercise their discretion rationally or in good faith. The plaintiffs' accounts of assault were corroborated by medical evidence and credible eyewitness testimony, while the defendant's witnesses were found to be evasive, contradictory, and unreliable. The handling of evidence by the police was suspicious, and key witnesses were not called. The court accepted the plaintiffs' version on a balance of probabilities, finding that both the arrests and the assaults were...

Court Disposition

Plaintiffs' claims for unlawful arrest, detention, and assault succeed on the merits.

Orders

  • The main claims of both plaintiffs for unlawful arrest, detention, and assault as per summons are upheld.
  • The defendant is ordered to pay the costs of suit.