Mekwe v Minister of Police (1171/2014) [2016] ZANWHC 40 (17 June 2016)

Mekwe v Minister of Police (1171/2014) [2016] ZANWHC 40 (17 June 2016)

The court found that the arrest of the plaintiff for pointing a firearm was unlawful because the offence is not listed in Schedule 1 of the Criminal Procedure Act and does not carry a mandatory sentence of imprisonment without the option of a fine. The police officer acted bona fide but was mistaken in believing he could arrest without a warrant for this offence. The plaintiff was entitled to damages for the unlawful deprivation of liberty, but the quantum awarded should be fair and not excessive, considering the circumstances and the time spent in custody.

Citation
[2016] ZANWHC 40
Parties
Plaintiff: Borenotswe George Mekwe; Defendant: Minister of Police
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
17 June 2016
Case Number
1171/2014
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Judgment for the plaintiff; damages awarded for unlawful arrest and detention.
Judges
A A Landman
Legal Topics
Unlawful Arrest, Detention, Quantum of Damages, Firearms Control Act, Reasonable Suspicion
Civil Procedure Delict Unlawful Arrest Detention Quantum of Damages Firearms Control Act Reasonable Suspicion

Case Brief

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Parties

Borenotswe George Mekwe

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the arrest and detention of the plaintiff were lawful.
  2. 2 Whether the pointing of a firearm is an offence listed in Schedule 1 of the Criminal Procedure Act justifying arrest without a warrant.
  3. 3 What quantum of damages is appropriate for unlawful arrest and detention.

Ratio Decidendi

The court found that the arrest of the plaintiff for pointing a firearm was unlawful because the offence is not listed in Schedule 1 of the Criminal Procedure Act and does not carry a mandatory sentence of imprisonment without the option of a fine. The police officer acted bona fide but was mistaken in believing he could arrest without a warrant for this offence. The plaintiff was entitled to damages for the unlawful deprivation of liberty, but the quantum awarded should be fair and not excessive, considering the circumstances and the time spent in custody.

Court Disposition

Judgment for the plaintiff; damages awarded for unlawful arrest and detention.

Orders

  • The plaintiff is awarded damages in the amount of R75 000.
  • The defendant is to pay the plaintiff's costs on a Magistrate's Court scale.