Makamu and Others v Minister of Police (1359/2017; 1360/2017; 1361/2017) [2024] ZAMPMBHC 45 (11 July 2024)

Makamu and Others v Minister of Police (1359/2017; 1360/2017; 1361/2017) [2024] ZAMPMBHC 45 (11 July 2024)

The court found that the defendant failed to discharge the onus of proving that the arrest and detention of the plaintiffs were lawful. The only witness for the defendant, Col. Pilusa, was not the arresting officer and his evidence was largely hearsay, which is inadmissible. There was no direct evidence that the arresting officer, Constable Sibiya, entertained a reasonable suspicion based on specific and articulable facts. The plaintiffs were arrested and detained without sufficient investigation or justification. Regarding the assault claim, the court found the plaintiffs' evidence unreliable and unsupported by medical or corroborative evidence, and thus dismissed the claim for unlawful...

Citation
[2024] ZAMPMBHC 45
Parties
Plaintiff: Mpendulo Makamu; Plaintiff: Soneni Vusi Mhlabane; Plaintiff: Abbsey Haswell Nkosi; Defendant: Minister of Police
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
11 July 2024
Case Number
1359/2017; 1360/2017; 1361/2017
Procedural Posture
Civil Trial / Merits Trial; Quantum Separated and Postponed Sine Die
Outcome
Plaintiffs' claims for unlawful arrest, detention, and malicious prosecution succeed; claim for unlawful assault dismissed.
Judges
Vukeya LD
Legal Topics
Unlawful Arrest, Unlawful Detention, Malicious Prosecution, Onus of Proof, Hearsay Evidence
Delict Civil Procedure Unlawful Arrest Unlawful Detention Malicious Prosecution Onus of Proof Hearsay Evidence

Case Brief

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Parties

Mpendulo Makamu

Plaintiff

Soneni Vusi Mhlabane

Plaintiff

Abbsey Haswell Nkosi

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Merits Trial; Quantum Separated and Postponed Sine Die

Legal Issues

  1. 1 Whether the arrest and subsequent detention of the three plaintiffs was lawful.
  2. 2 Whether the plaintiffs were assaulted by the police at any time from arrest and while in detention.
  3. 3 Whether the plaintiffs were maliciously prosecuted.

Ratio Decidendi

The court found that the defendant failed to discharge the onus of proving that the arrest and detention of the plaintiffs were lawful. The only witness for the defendant, Col. Pilusa, was not the arresting officer and his evidence was largely hearsay, which is inadmissible. There was no direct evidence that the arresting officer, Constable Sibiya, entertained a reasonable suspicion based on specific and articulable facts. The plaintiffs were arrested and detained without sufficient investigation or justification. Regarding the assault claim, the court found the plaintiffs' evidence unreliable and unsupported by medical or corroborative evidence, and thus dismissed the claim for unlawful...

Court Disposition

Plaintiffs' claims for unlawful arrest, detention, and malicious prosecution succeed; claim for unlawful assault dismissed.

Orders

  • The plaintiffs' claim for unlawful arrest, detention and malicious prosecution succeeds.
  • The claim for unlawful assault is dismissed.