Mokoena v Minister of the Police (2625/2013) [2014] ZAFSHC 172 (18 September 2014)

Mokoena v Minister of the Police (2625/2013) [2014] ZAFSHC 172 (18 September 2014)

The court found that the plaintiff failed to prove, on a balance of probabilities, that he was assaulted by the police as alleged. The evidence presented by the plaintiff was inconsistent and lacked detail regarding how the injuries were sustained. Medical evidence from two doctors indicated no signs of injury, and defence witnesses corroborated that no assault occurred. The court held that the versions of the plaintiff and the defendant were mutually destructive, and the probabilities favoured the defendant's account. There was no credible basis to infer that the police or other witnesses fabricated their denial of assault. Consequently, the plaintiff's claim was dismissed.

Citation
[2014] ZAFSHC 172
Parties
Plaintiff: Steven Tsidiso Mokoena; Defendant: Minister of the Police
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 September 2014
Case Number
2625/2013
Procedural Posture
Civil Trial / Merits Separated From Quantum; Judgment on Merits
Outcome
Plaintiff's claim dismissed with costs.
Judges
Moloi
Legal Topics
Assault by Police, Burden of Proof, Conflicting Evidence, Quantum of Damages
Delict Civil Procedure Assault by Police Burden of Proof Conflicting Evidence Quantum of Damages

Case Brief

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Parties

Steven Tsidiso Mokoena

Plaintiff

Minister of the Police

Defendant

Procedural Posture

Civil Trial / Merits Separated From Quantum; Judgment on Merits

Legal Issues

  1. 1 Whether the plaintiff was unlawfully assaulted by a member of the South African Police Services.
  2. 2 Whether the plaintiff sustained the alleged injuries as a result of the alleged assault.
  3. 3 Whether the plaintiff proved his claim on a balance of probabilities.

Ratio Decidendi

The court found that the plaintiff failed to prove, on a balance of probabilities, that he was assaulted by the police as alleged. The evidence presented by the plaintiff was inconsistent and lacked detail regarding how the injuries were sustained. Medical evidence from two doctors indicated no signs of injury, and defence witnesses corroborated that no assault occurred. The court held that the versions of the plaintiff and the defendant were mutually destructive, and the probabilities favoured the defendant's account. There was no credible basis to infer that the police or other witnesses fabricated their denial of assault. Consequently, the plaintiff's claim was dismissed.

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The plaintiff's claim is dismissed with costs.