Mahlangu and Another v Minister of Police (CCT 88/20) [2021] ZACC 10; 2021 (7) BCLR 698 (CC); 2021 (2) SACR 595 (CC) (14 May 2021)

Mahlangu and Another v Minister of Police (CCT 88/20) [2021] ZACC 10; 2021 (7) BCLR 698 (CC); 2021 (2) SACR 595 (CC) (14 May 2021)

The Constitutional Court held that the Minister of Police is vicariously liable for the entire period of the applicants' detention, from the date of arrest to the date of release, as the police's unlawful conduct—including torture, extraction of a false confession, and failure to disclose the truth to the prosecutor—was the factual and legal cause of the continued detention. The Court rejected the Supreme Court of Appeal's approach that the applicants' failure to apply for bail constituted an intervening act breaking the chain of causation or shifted the onus to them. The police's duty to disclose relevant facts persists for as long as the information withheld is relevant to the...

Citation
[2021] ZACC 10
Parties
Applicant: J E Mahlangu; Applicant: I T Mailela N.O.; Respondent: Minister of Police
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
14 May 2021
Case Number
CCT 88/20
Procedural Posture
Leave to Appeal / Constitutional Court Appeal From Supreme Court of Appeal
Outcome
Appeal upheld; Minister of Police held liable for damages for the full period of detention.
Judges
Jafta, Khampepe, Madlanga, Mathopo, Mhlantla, Theron, Tshiqi, Victor
Legal Topics
Unlawful Arrest and Detention, Vicarious Liability, Bill of Rights Limitation, Quantum of Damages
Delict Constitutional Law Unlawful Arrest and Detention Vicarious Liability Bill of Rights Limitation Quantum of Damages

Case Brief

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Parties

J E Mahlangu

Applicant

I T Mailela N.O.

Applicant

Minister of Police

Respondent

Procedural Posture

Leave to Appeal / Constitutional Court Appeal From Supreme Court of Appeal

Legal Issues

  1. 1 Whether the Minister of Police is vicariously liable for damages arising from the entire period of detention following the applicants' unlawful arrest.
  2. 2 Whether the failure by the applicants to apply for bail shifts the onus to them to prove the lawfulness of their continued detention.
  3. 3 What quantum of damages is appropriate for the period of unlawful detention.

Ratio Decidendi

The Constitutional Court held that the Minister of Police is vicariously liable for the entire period of the applicants' detention, from the date of arrest to the date of release, as the police's unlawful conduct—including torture, extraction of a false confession, and failure to disclose the truth to the prosecutor—was the factual and legal cause of the continued detention. The Court rejected the Supreme Court of Appeal's approach that the applicants' failure to apply for bail constituted an intervening act breaking the chain of causation or shifted the onus to them. The police's duty to disclose relevant facts persists for as long as the information withheld is relevant to the...

Court Disposition

Appeal upheld; Minister of Police held liable for damages for the full period of detention.

Orders

  • Leave to appeal is granted.
  • The appeal against the order of the Supreme Court of Appeal is upheld to the extent reflected below.