Mukwevho v Minister of Police (51292/2013) [2019] ZAGPPHC 16 (8 February 2019)

Mukwevho v Minister of Police (51292/2013) [2019] ZAGPPHC 16 (8 February 2019)

The defendant failed to discharge the onus of proving that the arrest was lawful. No evidence was led to establish that the arrest was effected by Tshwane Metropolitan Police or to prove any of the jurisdictional facts required for a lawful arrest under section 40(1)(b) of the Criminal Procedure Act. The plaintiff's evidence was uncontested and established that he was arrested and detained by police officers without a warrant and without reasonable grounds. Accordingly, the arrest and detention were unlawful, and the defendant is liable for damages arising from the plaintiff's arrest and detention.

Citation
[2019] ZAGPPHC 16
Parties
Plaintiff: Masindi Alpheus Mukwevho; Defendant: Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 February 2019
Case Number
51292/2013
Procedural Posture
Civil Trial / Liability Separated From Quantum; Determination of Liability Only
Outcome
Plaintiff's claim for unlawful arrest and detention succeeds; defendant held liable for damages.
Judges
Millar
Legal Topics
Unlawful Arrest, Unlawful Detention, Onus of Proof, Objective Test for Arrest
Civil Procedure Delict Unlawful Arrest Unlawful Detention Onus of Proof Objective Test for Arrest

Case Brief

Summary, issues, holding and outcome

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Parties

Masindi Alpheus Mukwevho

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Liability Separated From Quantum; Determination of Liability Only

Legal Issues

  1. 1 Whether the plaintiff's arrest and detention on 9 March 2012 was unlawful.
  2. 2 Whether the defendant discharged the onus of proving the lawfulness of the arrest.
  3. 3 Whether the arresting officers were employees of the defendant.

Ratio Decidendi

The defendant failed to discharge the onus of proving that the arrest was lawful. No evidence was led to establish that the arrest was effected by Tshwane Metropolitan Police or to prove any of the jurisdictional facts required for a lawful arrest under section 40(1)(b) of the Criminal Procedure Act. The plaintiff's evidence was uncontested and established that he was arrested and detained by police officers without a warrant and without reasonable grounds. Accordingly, the arrest and detention were unlawful, and the defendant is liable for damages arising from the plaintiff's arrest and detention.

Court Disposition

Plaintiff's claim for unlawful arrest and detention succeeds; defendant held liable for damages.

Orders

  • The defendant is liable for such damages as the plaintiff may prove arising out of his arrest and detention on 9 March 2012.
  • The defendant is to pay the plaintiff's costs of suit to date on the scale as between party and party.