Ndlovu and Another v Minister of Police and Others (30278/2018) [2023] ZAGPJHC 670 (8 June 2023)

Ndlovu and Another v Minister of Police and Others (30278/2018) [2023] ZAGPJHC 670 (8 June 2023)

The court found that the plaintiffs failed to demonstrate reasonable prospects of success on appeal. The factual findings regarding the lawfulness of the arrest, detention, and prosecution were sound, and no new issues were raised that would justify a different outcome. The legal principles governing leave to appeal require more than a mere possibility of success; there must be a realistic chance, which was not established. The costs order was appropriate, as the Biowatch principle did not apply in circumstances where the plaintiffs' claims were dismissed on the facts and settled law. Accordingly, leave to appeal was refused.

Citation
[2023] ZAGPJHC 670
Parties
Plaintiff: Ndlovu, Trust; Plaintiff: Bhebhe, Thandazani; Defendant: Minister of Police; Defendant: National Director of Public Prosecutions; Defendant: Ndzuke, Vincent; Defendant: Ntjana, Andries
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 June 2023
Case Number
30278/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Plaintiffs' Claims in Main Action
Outcome
Application for leave to appeal dismissed with costs.
Judges
Adams
Legal Topics
Unlawful Arrest, Malicious Prosecution, Leave to Appeal, Costs Order
Delict Civil Procedure Unlawful Arrest Malicious Prosecution Leave to Appeal Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Ndlovu, Trust

Plaintiff

Bhebhe, Thandazani

Plaintiff

Minister of Police

Defendant

National Director of Public Prosecutions

Defendant

Ndzuke, Vincent

Defendant

Ntjana, Andries

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the plaintiffs have reasonable prospects of success on appeal against the dismissal of their claims for unlawful arrest, detention, and malicious prosecution.
  2. 2 Whether the factual findings and legal conclusions of the trial court were erroneous.
  3. 3 Whether the costs order against the plaintiffs should have been made, considering the Biowatch principle.

Ratio Decidendi

The court found that the plaintiffs failed to demonstrate reasonable prospects of success on appeal. The factual findings regarding the lawfulness of the arrest, detention, and prosecution were sound, and no new issues were raised that would justify a different outcome. The legal principles governing leave to appeal require more than a mere possibility of success; there must be a realistic chance, which was not established. The costs order was appropriate, as the Biowatch principle did not apply in circumstances where the plaintiffs' claims were dismissed on the facts and settled law. Accordingly, leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The first and second plaintiffs' application for leave to appeal is dismissed with costs.