Machave and Another v Minister of Safety and Security (A437/12) [2014] ZAGPPHC 579 (17 July 2014)

Machave and Another v Minister of Safety and Security (A437/12) [2014] ZAGPPHC 579 (17 July 2014)

The court found that the respondent discharged the onus of proving that the arrests and detention of the appellants were lawful under section 40(1)(a) and (b) of the Criminal Procedure Act, given the volatile and dangerous mob situation and the reasonable suspicion that the appellants were involved in public violence. However, the court held that the assaults perpetrated by the police during and after arrest were unlawful and unjustified. The evidence established that the appellants, along with other detainees including children, were subjected to degrading and inhumane treatment, including physical assaults, being ordered to lie down, having water poured over them, and being left in an...

Citation
[2014] ZAGPPHC 579
Parties
Appellant: Nevermind Machabe; Appellant: Eva Nkuna; Respondent: Minister of Safety and Security
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 July 2014
Case Number
A437/12
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court Judgment
Outcome
Appeal dismissed in respect of unlawful arrest and detention; appeal upheld in respect of unlawful assault. Respondent liable for costs.
Judges
Jansen, Mbha
Legal Topics
Unlawful Arrest, Unlawful Detention, Police Assault, Quantum of Damages, Onus of Proof, Reasonable Suspicion
Civil Procedure Criminal Law Delict Unlawful Arrest Unlawful Detention Police Assault Quantum of Damages Onus of Proof +1 more

Case Brief

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Parties

Nevermind Machabe

Appellant

Eva Nkuna

Appellant

Minister of Safety and Security

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court Judgment

Legal Issues

  1. 1 Whether the arrest and detention of the appellants by the police was lawful.
  2. 2 Whether the appellants were unlawfully assaulted by members of the South African Police Services during arrest and detention.
  3. 3 Whether the magistrate erred in dismissing the claims for assault and unlawful arrest.

Ratio Decidendi

The court found that the respondent discharged the onus of proving that the arrests and detention of the appellants were lawful under section 40(1)(a) and (b) of the Criminal Procedure Act, given the volatile and dangerous mob situation and the reasonable suspicion that the appellants were involved in public violence. However, the court held that the assaults perpetrated by the police during and after arrest were unlawful and unjustified. The evidence established that the appellants, along with other detainees including children, were subjected to degrading and inhumane treatment, including physical assaults, being ordered to lie down, having water poured over them, and being left in an...

Court Disposition

Appeal dismissed in respect of unlawful arrest and detention; appeal upheld in respect of unlawful assault. Respondent liable for costs.

Orders

  • The appeal in respect of the unlawful arrest and detention of the appellants is dismissed.
  • The appeal in respect of the unlawful and wrongful assault of Nevermind Machabe and Eva Nkuna is upheld.