Lingen and Others v Minister of Police (1268/2015) [2020] ZANCHC 19 (14 May 2020)

Lingen and Others v Minister of Police (1268/2015) [2020] ZANCHC 19 (14 May 2020)

The court found the police witnesses credible, consistent, and their evidence supported by objective facts. The plaintiffs' version was rejected as improbable and contradictory. The police had arrived at a scene of unrest, observed the plaintiffs participating in public violence, and arrested them in accordance with section 40(1)(a) of the Criminal Procedure Act. The acts of blocking the road, stone-throwing, and burning tyres constituted public violence. The plaintiffs failed to prove any unlawful motive or improper exercise of discretion by the police. The arrest and detention were lawful, and the plaintiffs' claims for damages were dismissed.

Citation
[2020] ZANCHC 19
Parties
Plaintiff: Obeleng James Lingen; Plaintiff: Tebogo Victor Petrus; Plaintiff: Obakeng Grannet Dipone; Plaintiff: Paseka Panas Lingen; Plaintiff: Othusitse Matthews Masube; Defendant: The Minister of Police
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
14 May 2020
Case Number
1268/2015
Procedural Posture
Civil Trial / Judgment After Trial on Merits (separated Issues: Arrest and Detention)
Outcome
Plaintiffs' claims dismissed with costs.
Judges
O'Brien
Legal Topics
Unlawful Arrest, Unlawful Detention, Public Violence, Section 40 Criminal Procedure Act, Credibility of Witnesses
Civil Procedure Criminal Law Unlawful Arrest Unlawful Detention Public Violence Section 40 Criminal Procedure Act Credibility of Witnesses

Case Brief

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Parties

Obeleng James Lingen

Plaintiff

Tebogo Victor Petrus

Plaintiff

Obakeng Grannet Dipone

Plaintiff

Paseka Panas Lingen

Plaintiff

Othusitse Matthews Masube

Plaintiff

The Minister of Police

Defendant

Procedural Posture

Civil Trial / Judgment After Trial on Merits (separated Issues: Arrest and Detention)

Legal Issues

  1. 1 Whether the arrest and detention of the plaintiffs were unlawful.
  2. 2 Whether the police acted within the powers conferred by section 40(1)(a) of the Criminal Procedure Act.
  3. 3 Whether the plaintiffs participated in public violence justifying arrest without warrant.

Ratio Decidendi

The court found the police witnesses credible, consistent, and their evidence supported by objective facts. The plaintiffs' version was rejected as improbable and contradictory. The police had arrived at a scene of unrest, observed the plaintiffs participating in public violence, and arrested them in accordance with section 40(1)(a) of the Criminal Procedure Act. The acts of blocking the road, stone-throwing, and burning tyres constituted public violence. The plaintiffs failed to prove any unlawful motive or improper exercise of discretion by the police. The arrest and detention were lawful, and the plaintiffs' claims for damages were dismissed.

Court Disposition

Plaintiffs' claims dismissed with costs.

Orders

  • The plaintiffs' claims are dismissed with costs.