Mugwena and Another v Minister of Safety and Security (303/2003) [2005] ZASCA 117; [2006] 2 All SA 126 (SCA); 2006 (4) SA 150 (SCA) (29 November 2005)

Mugwena and Another v Minister of Safety and Security (303/2003) [2005] ZASCA 117; [2006] 2 All SA 126 (SCA); 2006 (4) SA 150 (SCA) (29 November 2005)

The Supreme Court of Appeal held that the appellants' failure to comply with the statutory time-bar provisions of section 57(1) and (2) of the South African Police Service Act was neither blameworthy nor prejudicial to the respondent, given the appellants' lack of legal sophistication, reliance on their attorney, and absence of wilful delay. The interests of justice required that the court dispense with the statutory requirements, especially as the claim included minor children. On the merits, the court found that the respondent failed to prove that the shooting of the deceased was justified in self-defence. The evidence did not establish that the deceased posed an imminent threat, nor...

Citation
[2005] ZASCA 117
Parties
Appellant: Nkhumeleni Sarah Mugwena; Appellant: Lefuno Charlotte Mugwena; Respondent: Minister of Safety and Security
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 November 2005
Case Number
303/2003
Procedural Posture
Civil Appeal / Appeal From the Venda High Court; Liability Separated From Quantum; Special Plea and Merits Considered
Outcome
Appeal upheld; special plea dismissed; respondent held liable for damages; costs awarded to appellants; matter postponed sine die for determination of quantum.
Judges
Scott, Streicher, Ponnan, Nkabinde, Maya
Legal Topics
Statutory Time Bar, Dispensation of Procedural Requirements, Private Defence, Onus of Proof, Best Interests of Child
Civil Procedure Delict Statutory Time Bar Dispensation of Procedural Requirements Private Defence Onus of Proof Best Interests of Child

Case Brief

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Parties

Nkhumeleni Sarah Mugwena

Appellant

Lefuno Charlotte Mugwena

Appellant

Minister of Safety and Security

Respondent

Procedural Posture

Civil Appeal / Appeal From the Venda High Court; Liability Separated From Quantum; Special Plea and Merits Considered

Legal Issues

  1. 1 Whether the court should dispense with the requirements or prohibitions contained in section 57(1) and (2) of the South African Police Service Act 68 of 1995 in the interests of justice.
  2. 2 Whether the killing of the deceased by a member of the SAPS was justified in self-defence.

Ratio Decidendi

The Supreme Court of Appeal held that the appellants' failure to comply with the statutory time-bar provisions of section 57(1) and (2) of the South African Police Service Act was neither blameworthy nor prejudicial to the respondent, given the appellants' lack of legal sophistication, reliance on their attorney, and absence of wilful delay. The interests of justice required that the court dispense with the statutory requirements, especially as the claim included minor children. On the merits, the court found that the respondent failed to prove that the shooting of the deceased was justified in self-defence. The evidence did not establish that the deceased posed an imminent threat, nor...

Court Disposition

Appeal upheld; special plea dismissed; respondent held liable for damages; costs awarded to appellants; matter postponed sine die for determination of quantum.

Orders

  • The defendant’s special plea is dismissed.
  • The defendant is held liable for the damages, if any, that the plaintiffs have suffered in consequence of the death of Charles Makhado Mugwena.