Minister of Safety & Security v Savhasa and Another (A478/11) [2012] ZAGPPHC 322 (29 November 2012)

Minister of Safety & Security v Savhasa and Another (A478/11) [2012] ZAGPPHC 322 (29 November 2012)

The court found that the second respondent's arrest and detention were unlawful, as the offence for which he was arrested was not listed in Schedule 1 to the Criminal Procedure Act, and he was not involved in bribery or any illegal activity. The court rejected the appellant's argument that the conduct of the first respondent should be imputed to the second respondent for the purposes of damages assessment. The quantum of damages awarded by the court a quo was found to be excessive when compared to previous awards and the facts of the case. Taking into account the personal circumstances of the second respondent, the duration and conditions of detention, and the erosion of the value of...

Citation
[2012] ZAGPPHC 322
Parties
Appellant: Minister of Safety & Security; Respondent: Humbulani Thomas Savhasa; Respondent: Edward Rudzani Rakhunwana
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 November 2012
Case Number
A478/11
Procedural Posture
Civil Appeal / Appeal Against Quantum of Damages for Unlawful Arrest and Detention
Outcome
Appeal upheld in respect of quantum; damages award reduced.
Judges
Ranchod, B Tuchten, L M Molopa-Sethosa
Legal Topics
Unlawful Arrest, Quantum of Damages, Detention Without Warrant, General Damages, Personal Injury, Prevention and Combating of Corrupt Activities Act
Civil Procedure Delict Unlawful Arrest Quantum of Damages Detention Without Warrant General Damages Personal Injury Prevention and Combating of Corrupt Activities Act

Case Brief

Summary, issues, holding and outcome

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Parties

Minister of Safety & Security

Appellant

Humbulani Thomas Savhasa

Respondent

Edward Rudzani Rakhunwana

Respondent

Procedural Posture

Civil Appeal / Appeal Against Quantum of Damages for Unlawful Arrest and Detention

Legal Issues

  1. 1 Whether the quantum of damages awarded to the second respondent for unlawful arrest and detention was excessive.
  2. 2 Whether the conduct of the first respondent should be imputed to the second respondent for purposes of assessing damages.
  3. 3 Whether the second respondent was entitled to any damages at all.

Ratio Decidendi

The court found that the second respondent's arrest and detention were unlawful, as the offence for which he was arrested was not listed in Schedule 1 to the Criminal Procedure Act, and he was not involved in bribery or any illegal activity. The court rejected the appellant's argument that the conduct of the first respondent should be imputed to the second respondent for the purposes of damages assessment. The quantum of damages awarded by the court a quo was found to be excessive when compared to previous awards and the facts of the case. Taking into account the personal circumstances of the second respondent, the duration and conditions of detention, and the erosion of the value of...

Court Disposition

Appeal upheld in respect of quantum; damages award reduced.

Orders

  • The appeal is upheld in respect of the quantum of damages awarded to the second respondent.
  • The award of R300,000 in damages to the second respondent is set aside and substituted with an award of R70,000 together with interest at the statutory rate from the date of judgment and costs.