Mthimunye and Another v Minister of Police and Another (2017/1636) [2020] ZAMPMBHC 20 (28 August 2020)

Mthimunye and Another v Minister of Police and Another (2017/1636) [2020] ZAMPMBHC 20 (28 August 2020)

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The evidence presented did not support their contention that the arresting officer, Rabie, lacked information or failed to exercise discretion. The trial court's findings on the facts and law were upheld, and no compelling reasons were advanced for the appeal to be heard by a higher court. The application for leave to appeal was therefore dismissed with costs, including the costs of Senior Counsel.

Citation
[2020] ZAMPMBHC 20
Parties
Applicant: Mthimunye David; Applicant: Skhosana Vusi; Respondent: Minister of Police; Respondent: National Director of Public Prosecution
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
28 August 2020
Case Number
2017/1636
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Damages Claims in Main Action
Outcome
Application for leave to appeal dismissed with costs, including costs of Senior Counsel.
Judges
A M Kgoele
Legal Topics
Leave to Appeal, Malicious Prosecution, Unlawful Arrest and Detention, Prospects of Success, Costs Award
Civil Procedure Delict Leave to Appeal Malicious Prosecution Unlawful Arrest and Detention Prospects of Success Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Mthimunye David

Applicant

Skhosana Vusi

Applicant

Minister of Police

Respondent

National Director of Public Prosecution

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Damages Claims in Main Action

Legal Issues

  1. 1 Whether the applicants have demonstrated reasonable prospects of success on appeal.
  2. 2 Whether the trial court misdirected itself on the facts or law regarding the arrest, detention, and prosecution.
  3. 3 Whether the evidence of Rabie was properly evaluated regarding the formation of reasonable suspicion.

Ratio Decidendi

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The evidence presented did not support their contention that the arresting officer, Rabie, lacked information or failed to exercise discretion. The trial court's findings on the facts and law were upheld, and no compelling reasons were advanced for the appeal to be heard by a higher court. The application for leave to appeal was therefore dismissed with costs, including the costs of Senior Counsel.

Court Disposition

Application for leave to appeal dismissed with costs, including costs of Senior Counsel.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are ordered to pay the costs of the application, including the costs of Senior Counsel.