Mashava and Others v Minister of Police (2558/2018, 3747/2018, 2556/2018, 2557/2018, 2555/2018, 2559/2018) [2021] ZAGPPHC 277 (30 April 2021)

Mashava and Others v Minister of Police (2558/2018, 3747/2018, 2556/2018, 2557/2018, 2555/2018, 2559/2018) [2021] ZAGPPHC 277 (30 April 2021)

The court found that the defendant proved on a balance of probabilities that the arresting officer was a peace officer who entertained a reasonable suspicion, based on objective facts, that the plaintiffs had committed a Schedule 1 offence (robbery and extortion). The complainant's statements implicated all plaintiffs, and their conduct in returning money supported the suspicion. The discretion to arrest was exercised properly and in good faith. The subsequent withdrawal of charges did not render the arrest unlawful. The plaintiffs failed to prove that the discretion was exercised improperly or that their constitutional rights were infringed in a manner affecting the lawfulness of the...

Citation
[2021] ZAGPPHC 277
Parties
Plaintiff: Piet Lassy Mashava; Plaintiff: Lindiwe Gladness Mbali Nhlabathi; Plaintiff: Moshomane Philladelphia Ntabiseng; Plaintiff: Phemelo Alpheus Phakedi; Plaintiff: Makgahlelele Thoko Nchabeleng; Plaintiff: Cethekile Sanah Mokhonazi; Defendant: The Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 April 2021
Case Number
2558/2018, 3747/2018, 2556/2018, 2557/2018, 2555/2018, 2559/2018
Procedural Posture
Civil Trial / Merits Only; Quantum Separated
Outcome
Claim dismissed with costs.
Judges
Tolmay
Legal Topics
Unlawful Arrest, Detention Without Warrant, Section 40 Criminal Procedure Act, Damages for Unlawful Arrest, Common Purpose, Constitutional Rights Infringement
Criminal Law Civil Procedure Unlawful Arrest Detention Without Warrant Section 40 Criminal Procedure Act Damages for Unlawful Arrest Common Purpose Constitutional Rights Infringement

Case Brief

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Parties

Piet Lassy Mashava

Plaintiff

Lindiwe Gladness Mbali Nhlabathi

Plaintiff

Moshomane Philladelphia Ntabiseng

Plaintiff

Phemelo Alpheus Phakedi

Plaintiff

Makgahlelele Thoko Nchabeleng

Plaintiff

Cethekile Sanah Mokhonazi

Plaintiff

The Minister of Police

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum Separated

Legal Issues

  1. 1 Whether the arrest of the plaintiffs without a warrant was lawful under section 40(1)(b) of the Criminal Procedure Act.
  2. 2 Whether the arresting officer had reasonable grounds to suspect the plaintiffs of committing a Schedule 1 offence.
  3. 3 Whether the plaintiffs' constitutional rights were infringed during arrest and detention.

Ratio Decidendi

The court found that the defendant proved on a balance of probabilities that the arresting officer was a peace officer who entertained a reasonable suspicion, based on objective facts, that the plaintiffs had committed a Schedule 1 offence (robbery and extortion). The complainant's statements implicated all plaintiffs, and their conduct in returning money supported the suspicion. The discretion to arrest was exercised properly and in good faith. The subsequent withdrawal of charges did not render the arrest unlawful. The plaintiffs failed to prove that the discretion was exercised improperly or that their constitutional rights were infringed in a manner affecting the lawfulness of the...

Court Disposition

Claim dismissed with costs.

Orders

  • The actions are dismissed.
  • The plaintiffs are ordered to pay the costs of the defendant jointly and severally, the one paying the others to be absolved.