Mashigo v S (9075/13) [2015] ZAGPJHC 215 (11 September 2015)

Mashigo v S (9075/13) [2015] ZAGPJHC 215 (11 September 2015)

The plaintiff was unlawfully arrested and detained because he was not afforded an opportunity to pay for the train ticket as required by law. The arresting officer lacked personal knowledge of the alleged offence and failed to comply with statutory requirements. The arrest and detention were arbitrary and not justified under section 40(1)(a) of the Criminal Procedure Act. The plaintiff's constitutional rights to liberty and dignity were infringed. The appropriate quantum of damages, considering the circumstances and comparable case law, is R30,000. Costs should follow the result and be awarded on the magistrates' court scale.

Citation
[2015] ZAGPJHC 215
Parties
Plaintiff: Desmond Mashigo; Defendant: The Minister of Police
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 September 2015
Case Number
9075/13
Procedural Posture
Civil Trial / Damages and Merits
Outcome
Plaintiff's claim for damages for unlawful arrest and detention is upheld.
Judges
T P Mudau
Legal Topics
Unlawful Arrest, Unlawful Detention, Quantum of Damages, Constitutional Rights, Criminal Procedure Act Section 40
Civil Procedure Delict Unlawful Arrest Unlawful Detention Quantum of Damages Constitutional Rights Criminal Procedure Act Section 40

Case Brief

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Parties

Desmond Mashigo

Plaintiff

The Minister of Police

Defendant

Procedural Posture

Civil Trial / Damages and Merits

Legal Issues

  1. 1 Whether the plaintiff's arrest and detention were lawful.
  2. 2 Whether the plaintiff was afforded an opportunity to pay for the train ticket as required by law.
  3. 3 What is the appropriate quantum of damages for unlawful arrest and detention.

Ratio Decidendi

The plaintiff was unlawfully arrested and detained because he was not afforded an opportunity to pay for the train ticket as required by law. The arresting officer lacked personal knowledge of the alleged offence and failed to comply with statutory requirements. The arrest and detention were arbitrary and not justified under section 40(1)(a) of the Criminal Procedure Act. The plaintiff's constitutional rights to liberty and dignity were infringed. The appropriate quantum of damages, considering the circumstances and comparable case law, is R30,000. Costs should follow the result and be awarded on the magistrates' court scale.

Court Disposition

Plaintiff's claim for damages for unlawful arrest and detention is upheld.

Orders

  • The defendant is ordered to pay the plaintiff the sum of R30,000.
  • Interest on the aforesaid sum at the rate of 9% from the date of judgment to date of payment.