Mziza and Another v Minister of Police (A565/2010) [2011] ZAGPPHC 186 (27 September 2011)

Mziza and Another v Minister of Police (A565/2010) [2011] ZAGPPHC 186 (27 September 2011)

The court held that absolution from the instance was improperly granted by the Magistrate on the second and third claims. On the first claim, the appellants failed to produce prima facie evidence that R6,700 was present and stolen, and their failure to produce receipts was suspicious. On the second claim, there was prima facie evidence that the second appellant was deprived of her freedom when forced to accompany police to her home, shifting the onus to the respondent, which precluded absolution. On the third claim, the issuing of a ticket based on a repealed law set a legal process in motion and could be malicious if not lawful; the respondent bore the onus to prove lawfulness, and...

Citation
[2011] ZAGPPHC 186
Parties
Appellant: Sunny Kleinboy Mziza; Appellant: Agnes Matlou; Respondent: Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 September 2011
Case Number
A565/2010
Procedural Posture
Civil Appeal / Appeal Against Absolution From the Instance Granted by the Magistrate's Court at the Close of the Plaintiffs' Case.
Outcome
Appeal upheld in respect of the second and third claims; Magistrate's order of absolution substituted with refusal of absolution and costs awarded to appellants.
Judges
Goodey, Mabuse
Legal Topics
Absolution From the Instance, Unlawful Arrest, Malicious Prosecution, Deprivation of Liberty, Onus of Proof, Damages for Theft
Civil Procedure Delict Absolution From the Instance Unlawful Arrest Malicious Prosecution Deprivation of Liberty Onus of Proof Damages for Theft

Case Brief

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Parties

Sunny Kleinboy Mziza

Appellant

Agnes Matlou

Appellant

Minister of Police

Respondent

Procedural Posture

Civil Appeal / Appeal Against Absolution From the Instance Granted by the Magistrate's Court at the Close of the Plaintiffs' Case.

Legal Issues

  1. 1 Whether the Magistrate erred in granting absolution from the instance on all three claims at the close of the plaintiffs' case.
  2. 2 Whether there was prima facie evidence of theft of R6,700 from the appellants' shop attributable to the respondent's employees.
  3. 3 Whether the second appellant was unlawfully deprived of her freedom by the respondent's employees.

Ratio Decidendi

The court held that absolution from the instance was improperly granted by the Magistrate on the second and third claims. On the first claim, the appellants failed to produce prima facie evidence that R6,700 was present and stolen, and their failure to produce receipts was suspicious. On the second claim, there was prima facie evidence that the second appellant was deprived of her freedom when forced to accompany police to her home, shifting the onus to the respondent, which precluded absolution. On the third claim, the issuing of a ticket based on a repealed law set a legal process in motion and could be malicious if not lawful; the respondent bore the onus to prove lawfulness, and...

Court Disposition

Appeal upheld in respect of the second and third claims; Magistrate's order of absolution substituted with refusal of absolution and costs awarded to appellants.

Orders

  • The appeal is upheld with costs.
  • The Magistrate's order is substituted with: 'The Defendants application for absolution is refused with costs.'