Ngcobo and Another v Minister of Police (4755/2017) [2023] ZAKZPHC 123; - (20 October 2023)

Ngcobo and Another v Minister of Police (4755/2017) [2023] ZAKZPHC 123; - (20 October 2023)

The court found that the plaintiffs were unlawfully arrested and detained by the police without reasonable or probable cause, as the police relied solely on warning statements/confessions obtained in the guise of proper procedure but in fact contrived and conscripted by officers involved in the investigation. The police failed to follow the prescribed safeguards for confessions, and the warning statements constituted the only evidence against the plaintiffs, resulting in their prosecution, conviction, and prolonged detention. The National Prosecuting Authority and trial court were negligent in relying on such evidence. The police acted with animo injuriandi and without justification, and...

Citation
[2023] ZAKZPHC 123
Parties
Plaintiff: Thembelani Ngcobo; Plaintiff: Bhekuyise Shange; Defendant: Minister of Police
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
20 October 2023
Case Number
4755/2017
Procedural Posture
Civil Trial / Liability and Causation Determined; Quantum Postponed
Outcome
Defendant found liable for damages to both plaintiffs for unlawful arrest, detention, and malicious prosecution up to the date of their release on 18 March 2016. Quantum of damages postponed sine die.
Judges
Mngadi
Legal Topics
Unlawful Arrest, Malicious Prosecution, Warning Statements, Confession Admissibility, Constitutional Rights, Damages Liability
Delict Civil Procedure Criminal Law Unlawful Arrest Malicious Prosecution Warning Statements Confession Admissibility Constitutional Rights +1 more

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Parties

Thembelani Ngcobo

Plaintiff

Bhekuyise Shange

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Liability and Causation Determined; Quantum Postponed

Legal Issues

  1. 1 Whether the arrest and detention of the plaintiffs were lawful under section 40(1)(b) of the Criminal Procedure Act.
  2. 2 Whether the prosecution of the plaintiffs was malicious and without reasonable and probable cause.
  3. 3 Whether the warning statements/confessions obtained from the plaintiffs were admissible and properly obtained.

Ratio Decidendi

The court found that the plaintiffs were unlawfully arrested and detained by the police without reasonable or probable cause, as the police relied solely on warning statements/confessions obtained in the guise of proper procedure but in fact contrived and conscripted by officers involved in the investigation. The police failed to follow the prescribed safeguards for confessions, and the warning statements constituted the only evidence against the plaintiffs, resulting in their prosecution, conviction, and prolonged detention. The National Prosecuting Authority and trial court were negligent in relying on such evidence. The police acted with animo injuriandi and without justification, and...

Court Disposition

Defendant found liable for damages to both plaintiffs for unlawful arrest, detention, and malicious prosecution up to the date of their release on 18 March 2016. Quantum of damages postponed sine die.

Orders

  • The defendant is found liable for the damages to each of the two plaintiffs for the unlawful arrest and detention and malicious prosecution up to the date of their release on 18 March 2016.
  • The quantum of damages for each plaintiff is postponed sine die for later determination.