Makhani v Minister of Police (32261/13) [2021] ZAGPPHC 748 (28 October 2021)

Makhani v Minister of Police (32261/13) [2021] ZAGPPHC 748 (28 October 2021)

The court found that the plaintiff was unlawfully arrested and detained by police officers at Beitbridge, Musina. The evidence established that the plaintiff was handcuffed without just cause, and the circumstances amounted to an arrest. The absence of entries in the Occurrence Book and detention list was attributed to the defendant's employees, not the plaintiff. The court rejected the version of Lt Colonel Tsikelele as fabricated and found him not credible. The plaintiff's testimony, corroborated by Ronny Muthale, was accepted as credible regarding the assault. The absence of a J88 medical report did not preclude proof of assault, as other credible evidence established the fact of...

Citation
[2021] ZAGPPHC 748
Parties
Plaintiff: Jonas Matlhodi Makhani; Defendant: Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 October 2021
Case Number
32261/13
Procedural Posture
Civil Trial / Merits Only; Quantum Separated Under Rule 33(4)
Outcome
The defendant is liable for damages suffered by the plaintiff as a result of unlawful arrest, detention, and assault. Quantum is postponed sine die.
Judges
Tlhapi
Legal Topics
Unlawful Arrest, Assault by Police, Vicarious Liability, Damages, Burden of Proof
Delict Civil Procedure Unlawful Arrest Assault by Police Vicarious Liability Damages Burden of Proof

Case Brief

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Parties

Jonas Matlhodi Makhani

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum Separated Under Rule 33(4)

Legal Issues

  1. 1 Whether the plaintiff was unlawfully arrested and detained by members of the South African Police Services.
  2. 2 Whether the plaintiff was assaulted by police officers while in custody.
  3. 3 Whether the defendant is vicariously liable for the actions of the police officers.

Ratio Decidendi

The court found that the plaintiff was unlawfully arrested and detained by police officers at Beitbridge, Musina. The evidence established that the plaintiff was handcuffed without just cause, and the circumstances amounted to an arrest. The absence of entries in the Occurrence Book and detention list was attributed to the defendant's employees, not the plaintiff. The court rejected the version of Lt Colonel Tsikelele as fabricated and found him not credible. The plaintiff's testimony, corroborated by Ronny Muthale, was accepted as credible regarding the assault. The absence of a J88 medical report did not preclude proof of assault, as other credible evidence established the fact of...

Court Disposition

The defendant is liable for damages suffered by the plaintiff as a result of unlawful arrest, detention, and assault. Quantum is postponed sine die.

Orders

  • The defendant is liable for damages suffered by the plaintiff consequent upon his unlawful arrest and detention.
  • The defendant is liable for damages suffered by the plaintiff consequent upon the assault upon him.