Lehubu and Others v Minister of Police (2023/013524) [2025] ZAGPJHC 172 (11 February 2025)

Lehubu and Others v Minister of Police (2023/013524) [2025] ZAGPJHC 172 (11 February 2025)

The court found that the plaintiffs suffered actionable harm due to the unlawful conduct of SAPS officers, including assault, malicious damage to property, and emotional shock. The first plaintiff was physically assaulted, and the second and third plaintiffs, along with two minors, suffered psychological trauma. The court considered medical and social worker reports confirming PTSD and ongoing distress. In determining quantum, the court compared awards in similar cases and found the amounts claimed excessive. It awarded R200,000 to the first plaintiff for assault and property damage, and R100,000 each to the other four plaintiffs for emotional shock, reflecting the seriousness of the...

Citation
[2025] ZAGPJHC 172
Parties
Applicant: Mapheto Johannes Lehubu; Applicant: Avashoni Granny Mafhege; Applicant: Mashudu Mafhege; Respondent: Minister of Police
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 February 2025
Case Number
2023/013524
Procedural Posture
Default Judgment / Judgment After Hearing on Damages
Outcome
Default judgment granted in favour of the plaintiffs for damages arising from unlawful assault, malicious damage to property, and emotional shock.
Judges
WJ du Plessis
Legal Topics
Unlawful Assault, Malicious Damage to Property, Emotional Shock, Quantification of Damages, Constitutional Rights
Delict Civil Procedure Unlawful Assault Malicious Damage to Property Emotional Shock Quantification of Damages Constitutional Rights

Case Brief

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Parties

Mapheto Johannes Lehubu

Applicant

Avashoni Granny Mafhege

Applicant

Mashudu Mafhege

Applicant

Minister of Police

Respondent

Procedural Posture

Default Judgment / Judgment After Hearing on Damages

Legal Issues

  1. 1 Whether the plaintiffs are entitled to damages for unlawful assault, malicious damage to property, and emotional shock caused by SAPS officers.
  2. 2 How the quantum of damages should be determined for assault and emotional shock claims.
  3. 3 Whether the plaintiffs' claims for emotional shock are legally recognised under South African law of delict.

Ratio Decidendi

The court found that the plaintiffs suffered actionable harm due to the unlawful conduct of SAPS officers, including assault, malicious damage to property, and emotional shock. The first plaintiff was physically assaulted, and the second and third plaintiffs, along with two minors, suffered psychological trauma. The court considered medical and social worker reports confirming PTSD and ongoing distress. In determining quantum, the court compared awards in similar cases and found the amounts claimed excessive. It awarded R200,000 to the first plaintiff for assault and property damage, and R100,000 each to the other four plaintiffs for emotional shock, reflecting the seriousness of the...

Court Disposition

Default judgment granted in favour of the plaintiffs for damages arising from unlawful assault, malicious damage to property, and emotional shock.

Orders

  • The defendant shall pay R200,000 to the first plaintiff for unlawful assault, malicious damage to property, and emotional shock.
  • The defendant shall pay R100,000 to the first plaintiff for emotional shock.