Matras v Minister of Police (218/2023) [2024] ZANWHC 119 (30 April 2024)

Matras v Minister of Police (218/2023) [2024] ZANWHC 119 (30 April 2024)

The plaintiff provided clear and uncontested evidence that she was shot twice with rubber bullets by SAPS members while standing in her yard, resulting in physical and emotional injuries. The defendant failed to plead or offer any defence, and its application for condonation was dismissed due to lack of explanation. The court found that the plaintiff discharged the onus of proof on a balance of probabilities, establishing that the injuries were a direct consequence of the police assault. There was no justification for the conduct of the police. Accordingly, the defendant is liable for 100% of the plaintiff's agreed or proven damages arising from the assault.

Citation
[2024] ZANWHC 119
Parties
Plaintiff: Ridney Matras; Defendant: Minister of Police
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
30 April 2024
Case Number
218/2023
Procedural Posture
Civil Action / Merits Separated From Quantum; Merits Determined
Outcome
Defendant found liable for 100% of plaintiff's agreed or proven damages; quantum postponed; costs awarded to plaintiff.
Judges
S Mfenyana
Legal Topics
Assault by Police, Vicarious Liability, Damages Quantification, Default Judgment, Rule 33 4 Separation
Delict Assault by Police Vicarious Liability Damages Quantification Default Judgment Rule 33 4 Separation

Case Brief

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Parties

Ridney Matras

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Action / Merits Separated From Quantum; Merits Determined

Legal Issues

  1. 1 Whether the plaintiff was unlawfully assaulted by members of the South African Police Service on 10 August 2022.
  2. 2 Whether the defendant is vicariously liable for the conduct of its employees.
  3. 3 Whether the plaintiff discharged the onus of proving her claim on a balance of probabilities.

Ratio Decidendi

The plaintiff provided clear and uncontested evidence that she was shot twice with rubber bullets by SAPS members while standing in her yard, resulting in physical and emotional injuries. The defendant failed to plead or offer any defence, and its application for condonation was dismissed due to lack of explanation. The court found that the plaintiff discharged the onus of proof on a balance of probabilities, establishing that the injuries were a direct consequence of the police assault. There was no justification for the conduct of the police. Accordingly, the defendant is liable for 100% of the plaintiff's agreed or proven damages arising from the assault.

Court Disposition

Defendant found liable for 100% of plaintiff's agreed or proven damages; quantum postponed; costs awarded to plaintiff.

Orders

  • The issues of merits and quantum are separated in terms of Rule 33(4) of the Uniform Rules of Court.
  • The defendant is liable for 100% of the plaintiff’s agreed or proven damages.