Mogapi v Minister of Police (CIV APP FB 02/ 23) [2023] ZANWHC 189 (16 October 2023)

Mogapi v Minister of Police (CIV APP FB 02/ 23) [2023] ZANWHC 189 (16 October 2023)

The court found that the trial court failed to properly administer the prescribed oath to the appellant, as the invocation to tell the truth was omitted. The administration of the oath consisted only of questions regarding objection and whether the oath was binding on the conscience, followed by the phrase 'So help me God,' without any explicit requirement to speak the truth. This omission rendered the appellant's evidence inadmissible, as the purpose of the oath—to ensure the witness speaks the truth, the whole truth, and nothing but the truth—was not achieved. Since there was no separation of merits and quantum, the entire proceedings were tainted, necessitating that the order of the...

Citation
[2023] ZANWHC 189
Parties
Appellant: Lend Mogapi; Respondent: Minister of Police
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
16 October 2023
Case Number
CIV APP FB 02/23
Procedural Posture
Civil Appeal / Appeal Against Damages Award and Interest Order
Outcome
Appeal upheld. The order of the trial court is set aside and the matter is remitted for retrial before another presiding judge on both merits and quantum. No order as to costs.
Judges
DJAJE, MFENYANA, REDDY
Legal Topics
Unlawful Arrest and Detention, Admissibility of Evidence, Administering Oath, Civil Proceedings Evidence Act, Remittal for Retrial
Civil Procedure Delict Unlawful Arrest and Detention Admissibility of Evidence Administering Oath Civil Proceedings Evidence Act Remittal for Retrial

Case Brief

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Parties

Lend Mogapi

Appellant

Minister of Police

Respondent

Procedural Posture

Civil Appeal / Appeal Against Damages Award and Interest Order

Legal Issues

  1. 1 Whether the trial court properly administered the prescribed oath to the plaintiff and certain witnesses.
  2. 2 Whether the evidence of the plaintiff was admissible given the shortcomings in the administration of the oath.
  3. 3 Whether the proceedings on both merits and quantum should be set aside and remitted for retrial.

Ratio Decidendi

The court found that the trial court failed to properly administer the prescribed oath to the appellant, as the invocation to tell the truth was omitted. The administration of the oath consisted only of questions regarding objection and whether the oath was binding on the conscience, followed by the phrase 'So help me God,' without any explicit requirement to speak the truth. This omission rendered the appellant's evidence inadmissible, as the purpose of the oath—to ensure the witness speaks the truth, the whole truth, and nothing but the truth—was not achieved. Since there was no separation of merits and quantum, the entire proceedings were tainted, necessitating that the order of the...

Court Disposition

Appeal upheld. The order of the trial court is set aside and the matter is remitted for retrial before another presiding judge on both merits and quantum. No order as to costs.

Orders

  • The order of the court a quo is set aside.
  • The matter is remitted for trial before another presiding Judge on both merits and quantum.