Mota and Others v Minister of Police (46394/2011) [2014] ZAGPJHC 49 (28 February 2014)

Mota and Others v Minister of Police (46394/2011) [2014] ZAGPJHC 49 (28 February 2014)

The court found, on a balance of probabilities, that the plaintiff was unlawfully assaulted by a member of the SAPS, resulting in a traumatic head injury caused by bullet shrapnel. The hospital records and expert evidence supported the plaintiff's version of events. The defendant's alternative explanation was speculative and unsupported by evidence. The plaintiff's injuries were significant, with permanent neuropsychological and emotional sequelae. The quantum of damages was determined with reference to expert reports and comparable case law, resulting in an award for past and future medical expenses and general damages.

Citation
[2014] ZAGPJHC 49
Parties
Plaintiff: Makafela Abram Magagane; Plaintiff: Tsietsi Isaac Mota; Plaintiff: Selby Moloto; Plaintiff: Muduuzi Selby Maziya; Defendant: Minister of Police
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 February 2014
Case Number
46394/2011
Procedural Posture
Civil Trial / Judgment After Trial on Merits and Quantum
Outcome
Plaintiff's claim for assault and damages succeeds.
Judges
A Y Bhayat
Legal Topics
Unlawful Arrest, Unlawful Detention, Assault by Police, General Damages, Medical Expenses, Quantum of Damages
Delict Civil Procedure Unlawful Arrest Unlawful Detention Assault by Police General Damages Medical Expenses Quantum of Damages

Case Brief

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Parties

Makafela Abram Magagane

Plaintiff

Tsietsi Isaac Mota

Plaintiff

Selby Moloto

Plaintiff

Muduuzi Selby Maziya

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Judgment After Trial on Merits and Quantum

Legal Issues

  1. 1 Whether the plaintiff was unlawfully assaulted by a member of the South African Police Services resulting in a traumatic head injury.
  2. 2 Whether the injury sustained by the plaintiff was caused by a bullet fired by the police or by glass from the vehicle.
  3. 3 What is the appropriate quantum of damages for the injuries and sequelae suffered by the plaintiff.

Ratio Decidendi

The court found, on a balance of probabilities, that the plaintiff was unlawfully assaulted by a member of the SAPS, resulting in a traumatic head injury caused by bullet shrapnel. The hospital records and expert evidence supported the plaintiff's version of events. The defendant's alternative explanation was speculative and unsupported by evidence. The plaintiff's injuries were significant, with permanent neuropsychological and emotional sequelae. The quantum of damages was determined with reference to expert reports and comparable case law, resulting in an award for past and future medical expenses and general damages.

Court Disposition

Plaintiff's claim for assault and damages succeeds.

Orders

  • Defendant is ordered to pay the plaintiff R4,520.51 for past medical expenses.
  • Defendant is ordered to pay the plaintiff R63,250 for future medical expenses.