Makubung v Minister of Police (63597/2016) [2019] ZAGPPHC 439 (30 August 2019)

Makubung v Minister of Police (63597/2016) [2019] ZAGPPHC 439 (30 August 2019)

The court found that the Defendant was liable for the wrongful arrest and detention of the Plaintiff from 13 December 2013 until 18 December 2013, as conceded by the Defendant. The Plaintiff's rights to freedom and dignity were infringed during this period, and the conditions of detention were degrading. The court held that the Defendant was not liable for the Plaintiff's continued detention from 18 December 2013 to 27 December 2013, as the decision to prosecute and detain further was made by the prosecutor and the court, not the police. The Plaintiff did not plead or prove that the Defendant influenced the decision to prosecute or detain beyond the first appearance. The court assessed...

Citation
[2019] ZAGPPHC 439
Parties
Plaintiff: Katishi David Makubung; Defendant: Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 August 2019
Case Number
63597/2016
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
The Defendant is held liable for the wrongful arrest and detention of the Plaintiff for the period 13 December 2013 until 18 December 2013. The Defendant is not liable for the Plaintiff's detention from 18 December 2013 to 27 December 2013.
Judges
M.L Senyatsi
Legal Topics
Wrongful Arrest, Wrongful Detention, General Damages, Vicarious Liability
Delict Civil Procedure Wrongful Arrest Wrongful Detention General Damages Vicarious Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Katishi David Makubung

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the arrest and detention of the Plaintiff from 13 December 2013 until 18 December 2013 was wrongful.
  2. 2 Whether the Defendant is liable for the Plaintiff's continued detention from 18 December 2013 until 27 December 2013.
  3. 3 What is the appropriate quantum for general damages for the period of wrongful detention.

Ratio Decidendi

The court found that the Defendant was liable for the wrongful arrest and detention of the Plaintiff from 13 December 2013 until 18 December 2013, as conceded by the Defendant. The Plaintiff's rights to freedom and dignity were infringed during this period, and the conditions of detention were degrading. The court held that the Defendant was not liable for the Plaintiff's continued detention from 18 December 2013 to 27 December 2013, as the decision to prosecute and detain further was made by the prosecutor and the court, not the police. The Plaintiff did not plead or prove that the Defendant influenced the decision to prosecute or detain beyond the first appearance. The court assessed...

Court Disposition

The Defendant is held liable for the wrongful arrest and detention of the Plaintiff for the period 13 December 2013 until 18 December 2013. The Defendant is not liable for the Plaintiff's detention from 18 December 2013 to 27 December 2013.

Orders

  • The Defendant is held liable for wrongful arrest and detention of the Plaintiff for the period 13 December 2013 until 18 December 2013.
  • The Defendant is ordered to pay the Plaintiff the sum of R145,000 for general damages.