Minister of Police v Tshabalala (85675/2016) [2019] ZAGPPHC 358 (10 July 2019)
The court found that there was a reasonable prospect that another court may come to a different conclusion regarding the quantum of damages awarded. Accordingly, leave to appeal was granted only on the ground that the amount of R500,000.00 awarded may be shockingly inappropriate and grossly excessive.
Source-derived case information.
- Citation
- [2019] ZAGPPHC 358
- Parties
- Appellant: Minister of Police; Respondent: H A Tshabalala
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 85675/2016
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Against the Order of the High Court Granted on 13 November 2018.
- Outcome
- Leave to appeal is granted to the applicant only on the ground relating to the quantum of damages awarded.
- Judges
- D Nair
- Legal Topics
- Leave to Appeal, Quantum of Damages, Judicial Discretion
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Minister of Police
Appellant
H A Tshabalala
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against the Order of the High Court Granted on 13 November 2018.
Legal Issues
- 1 Whether the quantum of damages awarded by the court was shockingly inappropriate and grossly excessive.
- 2 Whether leave to appeal should be granted on the ground relating to the amount awarded.
Ratio Decidendi
The court found that there was a reasonable prospect that another court may come to a different conclusion regarding the quantum of damages awarded. Accordingly, leave to appeal was granted only on the ground that the amount of R500,000.00 awarded may be shockingly inappropriate and grossly excessive.
Court Disposition
Leave to appeal is granted to the applicant only on the ground relating to the quantum of damages awarded.
Orders
- Leave to appeal is granted to the applicant on the ground that the quantum of R500,000.00 awarded may be shockingly inappropriate and grossly excessive.
Full Case Text
Judgment text and source record
32 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
(1) REPORTABLE: YES/NO
(2) OF INTEREST TO OTHER JUDGES: YES/NO
(3) REVISED.
CASE: 85675/2016
10/7/2019
In the matter between:
MINISTER OF POLICE
APPELLANT
and
H A TSHABALALA
1st RESPONDENT
JUDGMENT
NAIR AJ
[1] This is an application for leave to appeal against the order of this court granted and on 13 November 2018.
[2] Having heard the parties and having considered all the grounds listed in the application of leave to appeal:
ORDER
2.1 The applicant is granted leave to appeal only the following ground raised in the application for leave to appeal.
2.1.1 " The court erred or misdirected itself in tis discretionary avoid of the amount of R500 000.00 in that is shockingly in appropriate and grossly excessive.
D NAIR
ACTING JUDGE OF THE HIGH COURT
GAUTENG DIVISION, PRETORIA
CASE NO: 85675/2016
HEARD ON
: 11 JUNE 2019
FOR THE PLAINTIFF : ADV N D BUTHELEZI
INSTRUCTED BY :
RAMAGWAGWA ATTORNEYS
FOR THE DEFENDANT : ADV W N MOTHIBE
INSTRUCTED BY : STATE ATTORNEY
DATE OF JUDGMENT : 10 JULY 2019