Martins v Minister of Police (1400/2011) [2013] ZAECPEHC 27 (4 June 2013)

Martins v Minister of Police (1400/2011) [2013] ZAECPEHC 27 (4 June 2013)

The court found that the plaintiff was assaulted by Constable Te Brugge and that the subsequent arrest and detention were effected for an ulterior motive, namely to assuage the officer's resentment at being admonished by the plaintiff. The defendant failed to discharge the onus of justifying the arrest without a warrant. The plaintiff's evidence regarding the injury to his eye was rejected, but the evidence supported a finding of common assault and unlawful arrest. The court held that both the assault and the arrest constituted infringements of the plaintiff's rights and awarded composite damages. Costs were awarded on the High Court scale as a mark of disapproval of the police conduct.

Citation
[2013] ZAECPEHC 27
Parties
Plaintiff: Vernon Daniel Martins; Defendant: Minister of Police
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
4 June 2013
Case Number
1400/2011
Procedural Posture
Civil Action / Trial Judgment
Outcome
Judgment for the plaintiff; damages and costs awarded.
Judges
Chetty
Legal Topics
Unlawful Arrest, Assault by Police, Damages Award, Bodily Integrity Infringement
Civil Procedure Delict Unlawful Arrest Assault by Police Damages Award Bodily Integrity Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Vernon Daniel Martins

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Action / Trial Judgment

Legal Issues

  1. 1 Whether the plaintiff was unlawfully assaulted by a member of the South African Police Services.
  2. 2 Whether the plaintiff's arrest and detention were unlawful and effected for an ulterior purpose.
  3. 3 Whether the defendant discharged the onus to justify the arrest without a warrant.

Ratio Decidendi

The court found that the plaintiff was assaulted by Constable Te Brugge and that the subsequent arrest and detention were effected for an ulterior motive, namely to assuage the officer's resentment at being admonished by the plaintiff. The defendant failed to discharge the onus of justifying the arrest without a warrant. The plaintiff's evidence regarding the injury to his eye was rejected, but the evidence supported a finding of common assault and unlawful arrest. The court held that both the assault and the arrest constituted infringements of the plaintiff's rights and awarded composite damages. Costs were awarded on the High Court scale as a mark of disapproval of the police conduct.

Court Disposition

Judgment for the plaintiff; damages and costs awarded.

Orders

  • The defendant is ordered to pay the plaintiff the sum of R65,000.00 as damages.
  • Interest on the aforesaid amount at the legal rate of 15.5% per annum from date of judgment to date of payment.