Mkiwane v Motapanyane and Others (516/2018) [2024] ZAFSHC 301 (18 September 2024)

Mkiwane v Motapanyane and Others (516/2018) [2024] ZAFSHC 301 (18 September 2024)

The court found that the written statements and documents of the deceased officers are admissible as hearsay evidence under the Law of Evidence Amendment Act and Civil Proceedings Evidence Act. The Rule 37 minutes recorded agreement to admit the criminal record and docket contents as evidence without further proof. The court considered the interests of justice, the relevance and probative value of the evidence, and the procedural prejudice to the plaintiff. The impossibility of cross-examination was acknowledged but not determinative. The court held that exclusion would unduly constrain the defendants' ability to present a defence, and the documents provide a matrix of facts relevant to...

Citation
[2024] ZAFSHC 301
Parties
Plaintiff: Samuel Vuyane Mkiwane; Defendant: Koos Motapanyane; Defendant: Minister of Police; Defendant: The National Director of Public Prosecutions
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 September 2024
Case Number
516/2018
Procedural Posture
Civil Application / Application for Admission of Hearsay Evidence Prior to Trial
Outcome
Application for admission of hearsay evidence granted; costs to be costs in the cause.
Judges
Cronje AJ
Legal Topics
Admissibility of Hearsay, Law of Evidence Amendment Act, Civil Proceedings Evidence Act, Unlawful Arrest, Damages for Detention
Civil Procedure Delict Admissibility of Hearsay Law of Evidence Amendment Act Civil Proceedings Evidence Act Unlawful Arrest Damages for Detention

Case Brief

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Parties

Samuel Vuyane Mkiwane

Plaintiff

Koos Motapanyane

Defendant

Minister of Police

Defendant

The National Director of Public Prosecutions

Defendant

Procedural Posture

Civil Application / Application for Admission of Hearsay Evidence Prior to Trial

Legal Issues

  1. 1 Whether the written statements of deceased police officers are admissible as hearsay evidence in terms of the Law of Evidence Amendment Act and Civil Proceedings Evidence Act.
  2. 2 Whether the admission of such evidence would prejudice the plaintiff or serve the interests of justice.
  3. 3 Whether the documents and statements are relevant and probative to the issues of unlawful arrest and detention.

Ratio Decidendi

The court found that the written statements and documents of the deceased officers are admissible as hearsay evidence under the Law of Evidence Amendment Act and Civil Proceedings Evidence Act. The Rule 37 minutes recorded agreement to admit the criminal record and docket contents as evidence without further proof. The court considered the interests of justice, the relevance and probative value of the evidence, and the procedural prejudice to the plaintiff. The impossibility of cross-examination was acknowledged but not determinative. The court held that exclusion would unduly constrain the defendants' ability to present a defence, and the documents provide a matrix of facts relevant to...

Court Disposition

Application for admission of hearsay evidence granted; costs to be costs in the cause.

Orders

  • The application succeeds.
  • The costs of the application are costs in the cause.