Kruger v Director of Public Prosecutions (37681/2011) [2016] ZAGPPHC 623 (28 April 2016)

Kruger v Director of Public Prosecutions (37681/2011) [2016] ZAGPPHC 623 (28 April 2016)

The court found that the plaintiff and his legal team had knowledge of the identity of the debtor and the facts from which the debt arose on 13 October 2009, when all criminal charges were withdrawn in open court and in the presence of the plaintiff and his legal representatives. The procurement of the SAPS docket and court file in August 2012 did not create a new cause of action but merely provided evidence of facts already known. The plaintiff failed to prove that the defendant wilfully prevented him from coming to know of the existence of the debt, as required by section 12(2) of the Prescription Act. The cause of action arose on 13 October 2009, and summons was served on 31 January...

Citation
[2016] ZAGPPHC 623
Parties
Plaintiff: Arrie Willem Kruger; Defendant: Director of Public Prosecutions
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 April 2016
Case Number
37681/2011
Procedural Posture
Civil Trial / Trial on Special Plea of Prescription
Outcome
Plaintiff's claim dismissed on grounds of prescription; defendant's first special plea upheld.
Judges
Strydom
Legal Topics
Extinctive Prescription, Malicious Prosecution, Prescription Act Section 12, Wrongful Arrest
Civil Procedure Delict Extinctive Prescription Malicious Prosecution Prescription Act Section 12 Wrongful Arrest

Case Brief

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Parties

Arrie Willem Kruger

Plaintiff

Director of Public Prosecutions

Defendant

Procedural Posture

Civil Trial / Trial on Special Plea of Prescription

Legal Issues

  1. 1 Whether the plaintiff's claim against the defendant has prescribed in terms of the Prescription Act.
  2. 2 Whether the plaintiff had knowledge of the identity of the debtor and the facts from which the debt arose as required by section 12(3) of the Prescription Act.
  3. 3 Whether the defendant wilfully prevented the plaintiff from coming to know of the existence of the debt as contemplated by section 12(2) of the Prescription Act.

Ratio Decidendi

The court found that the plaintiff and his legal team had knowledge of the identity of the debtor and the facts from which the debt arose on 13 October 2009, when all criminal charges were withdrawn in open court and in the presence of the plaintiff and his legal representatives. The procurement of the SAPS docket and court file in August 2012 did not create a new cause of action but merely provided evidence of facts already known. The plaintiff failed to prove that the defendant wilfully prevented him from coming to know of the existence of the debt, as required by section 12(2) of the Prescription Act. The cause of action arose on 13 October 2009, and summons was served on 31 January...

Court Disposition

Plaintiff's claim dismissed on grounds of prescription; defendant's first special plea upheld.

Orders

  • The defendant's first special plea is upheld and the plaintiff's claim is dismissed.
  • The plaintiff is ordered to pay the defendant's costs.