Minister of Police v Jack (1100/2014) [2019] ZAECPEHC 71 (17 October 2019)

Minister of Police v Jack (1100/2014) [2019] ZAECPEHC 71 (17 October 2019)

The court found that the contradictions in the plaintiff's witnesses' evidence were not material to the central issue of causation. The evidence was sufficiently corroborated regarding the police's conduct, including the firing of rubber bullets and the presence of protective gear and armoured vehicles. The...

Source-derived case information.

Citation
[2019] ZAECPEHC 71
Parties
Applicant: Minister of Police; Respondent: Jeanette Jack
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
17 October 2019
Case Number
1100/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment for Damages
Outcome
Application for leave to appeal dismissed with costs.
Judges
NG Beshe
Legal Topics
Leave to Appeal, Police Liability, Negligence, Damages Quantum, Costs Award
Civil Procedure Delict Leave to Appeal Police Liability Negligence Damages Quantum Costs Award

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Summary, issues, holding and outcome

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Parties

Minister of Police

Applicant

Jeanette Jack

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment for Damages

Legal Issues

  1. 1 Whether there are reasonable prospects of success for an appeal against the finding of liability for damages caused to the plaintiff's right eye.
  2. 2 Whether contradictions in the plaintiff's witnesses' evidence were material to the outcome.
  3. 3 Whether the award of costs on the High Court scale was justified given the quantum admitted.

Ratio Decidendi

The court found that the contradictions in the plaintiff's witnesses' evidence were not material to the central issue of causation. The evidence was sufficiently corroborated regarding the police's conduct, including the firing of rubber bullets and the presence of protective gear and armoured vehicles. The defendant's sole witness denied these facts, but the weight of evidence supported the plaintiff's version. There was no evidence of contributory negligence on the part of the plaintiff. The award of costs on the High Court scale was justified due to the initial uncertainty regarding the quantum and prognosis of the injury, and the late admission of quantum by the defendant. The court...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs of the application.