Makhubu v Minister of Police (11954/2011) [2015] ZAGPPHC 432 (4 June 2015)

Makhubu v Minister of Police (11954/2011) [2015] ZAGPPHC 432 (4 June 2015)

Despite significant contradictions in the plaintiff's evidence and between his witnesses, the court found that the plaintiff was assaulted by police officers, suffered physical injuries and humiliation, and was entitled to compensation. The failure to call a key witness, Commander Majola, was noted but did not preclude a finding in favour of the plaintiff. The court determined that R65,000 was appropriate compensation for general damages, considering the nature of the injuries and the humiliation suffered, and ordered costs on the High Court scale.

Citation
[2015] ZAGPPHC 432
Parties
Plaintiff: Mavela Moses Makhubu; Defendant: The Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 June 2015
Case Number
11954/2011
Procedural Posture
Civil Trial / Judgment After Trial on Quantum of General Damages
Outcome
Judgment for the plaintiff.
Judges
Wright
Legal Topics
Police Assault, General Damages, Quantum of Damages, Absolution From the Instance
Delict Police Assault General Damages Quantum of Damages Absolution From the Instance

Case Brief

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Parties

Mavela Moses Makhubu

Plaintiff

The Minister of Police

Defendant

Procedural Posture

Civil Trial / Judgment After Trial on Quantum of General Damages

Legal Issues

  1. 1 Whether the plaintiff was assaulted by police officers on 21 November 2010.
  2. 2 Whether the plaintiff suffered humiliation and physical injury as a result of the assault.
  3. 3 What is the appropriate quantum of general damages for the injuries and humiliation suffered.

Ratio Decidendi

Despite significant contradictions in the plaintiff's evidence and between his witnesses, the court found that the plaintiff was assaulted by police officers, suffered physical injuries and humiliation, and was entitled to compensation. The failure to call a key witness, Commander Majola, was noted but did not preclude a finding in favour of the plaintiff. The court determined that R65,000 was appropriate compensation for general damages, considering the nature of the injuries and the humiliation suffered, and ordered costs on the High Court scale.

Court Disposition

Judgment for the plaintiff.

Orders

  • The defendant is ordered to pay the plaintiff R65,000 and costs on the High Court scale.