Ndzimande v Minister of Police and Anotehr (56349/2012) [2016] ZAGPPHC 795 (2 September 2016)

Ndzimande v Minister of Police and Anotehr (56349/2012) [2016] ZAGPPHC 795 (2 September 2016)

The court found that the plaintiff was unlawfully arrested and detained for twelve days, and that the quantum of damages must be determined with reference to his personal circumstances, social standing, and comparative awards in similar cases. The plaintiff, a truck driver earning R4,500.00 per month, did not provide evidence of the conditions of his detention or any loss of income. The court considered previous awards for unlawful detention, the plaintiff's age and occupation, and concluded that R12,000.00 per day was a fair and appropriate amount, resulting in a total award of R144,000.00.

Citation
[2016] ZAGPPHC 795
Parties
Plaintiff: Job Phillip Nzimande; Defendant: Minister of Police; Defendant: Warrant Officer Msiza
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 September 2016
Case Number
56349/2012
Procedural Posture
Civil Trial / Quantum of Damages
Outcome
Judgment for the plaintiff on quantum; damages awarded for unlawful arrest and detention.
Judges
Makamu
Legal Topics
Unlawful Arrest, Unlawful Detention, Quantum of Damages, Personal Injury, Comparative Awards
Delict Unlawful Arrest Unlawful Detention Quantum of Damages Personal Injury Comparative Awards

Case Brief

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Parties

Job Phillip Nzimande

Plaintiff

Minister of Police

Defendant

Warrant Officer Msiza

Defendant

Procedural Posture

Civil Trial / Quantum of Damages

Legal Issues

  1. 1 What is the appropriate quantum of damages for the plaintiff's unlawful arrest and detention for twelve days.
  2. 2 Should the plaintiff's social and professional standing affect the damages awarded.
  3. 3 Are the comparative awards in similar cases applicable to the present matter.

Ratio Decidendi

The court found that the plaintiff was unlawfully arrested and detained for twelve days, and that the quantum of damages must be determined with reference to his personal circumstances, social standing, and comparative awards in similar cases. The plaintiff, a truck driver earning R4,500.00 per month, did not provide evidence of the conditions of his detention or any loss of income. The court considered previous awards for unlawful detention, the plaintiff's age and occupation, and concluded that R12,000.00 per day was a fair and appropriate amount, resulting in a total award of R144,000.00.

Court Disposition

Judgment for the plaintiff on quantum; damages awarded for unlawful arrest and detention.

Orders

  • The defendant is ordered to pay the plaintiff an amount of R144,000.00 together with interest at the rate of 15.5% from the time of action to the date of payment.
  • The defendant is ordered to pay the costs of the action.