Minister of Safety and Security v Moss (749/04, ECJ137) [2006] ZAECHC 27 (1 June 2006)

Minister of Safety and Security v Moss (749/04, ECJ137) [2006] ZAECHC 27 (1 June 2006)

The court found that the applicant's argument regarding the absence of a finding on witness credibility and probabilities was not persuasive. However, the court was persuaded by the submission that another court might find the probabilities favour Rudman's version of the events, particularly given the respondent's irregular driving and Rudman's subsequent observations. The court emphasized the importance of establishing factors giving rise to reasonable suspicion, especially in cases involving police conduct. Consequently, leave to appeal was granted to the applicant to the full bench of the division.

Citation
[2006] ZAECHC 27
Parties
Applicant: Minister of Safety and Security; Respondent: Tersia Telana Roux Moss
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
1 June 2006
Case Number
749/04
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal granted to the applicant.
Judges
N Dambuza
Legal Topics
Leave to Appeal, Reasonable Suspicion, Credibility of Witnesses, Evaluation of Probabilities
Criminal Law Civil Procedure Leave to Appeal Reasonable Suspicion Credibility of Witnesses Evaluation of Probabilities

Case Brief

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Parties

Minister of Safety and Security

Applicant

Tersia Telana Roux Moss

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court might find the probabilities favour the applicant's version of events.
  2. 2 Whether the absence of a finding on the credibility and reliability of witnesses justifies leave to appeal.
  3. 3 Whether the manner of driving and subsequent observations constituted reasonable grounds for suspicion of driving under the influence.

Ratio Decidendi

The court found that the applicant's argument regarding the absence of a finding on witness credibility and probabilities was not persuasive. However, the court was persuaded by the submission that another court might find the probabilities favour Rudman's version of the events, particularly given the respondent's irregular driving and Rudman's subsequent observations. The court emphasized the importance of establishing factors giving rise to reasonable suspicion, especially in cases involving police conduct. Consequently, leave to appeal was granted to the applicant to the full bench of the division.

Court Disposition

Leave to appeal granted to the applicant.

Orders

  • Leave is granted for the applicant to appeal to the full bench of this division.
  • Costs will be costs on appeal.