Mongwe and Others v Minister of Police and Others (6753/2019) [2024] ZALMPPHC 202 (11 December 2024)

Parties

Procedural Posture

Civil Trial / Judgment After Trial on Merits and Quantum

Legal Issues

1. 1 Whether the arrest and detention of the plaintiffs without warrants was unlawful.
2. 2 Whether the defendants discharged the onus to prove the lawfulness of the arrests under section 40(1)(b) of the Criminal Procedure Act.
3. 3 Whether the plaintiffs proved a claim for malicious prosecution against the fourth defendant.

Ratio Decidendi

The court found that the defendants failed to discharge the onus of proving that the arrests of the plaintiffs were lawful under section 40(1)(b) of the Criminal Procedure Act. The purported list of suspects was not discovered, and the branch commander who compiled it did not testify, rendering the evidence hearsay and inadmissible. For the second, fourth, and fifth plaintiffs, no evidence was led to justify their arrests. The court held that mere inclusion of a name on an undisclosed list does not constitute reasonable suspicion. The arrests and subsequent detentions were therefore unlawful and in violation of the plaintiffs' constitutional rights to freedom. The claim for malicious...

Court Disposition

Plaintiffs' claims for unlawful arrest and detention against the first, second, and third defendants succeed. Claim for malicious prosecution against the fourth defendant is dismissed.

Orders

• The first, second, and third defendants are ordered to pay R1,000,000 to each plaintiff for unlawful arrest and detention, jointly and severally, the one paying the other to be absolved. Total amount payable is R5,000,000.
• The first, second, and third defendants shall pay interest on the aforesaid amounts at 11.25% per annum from the date of judgment to date of payment.