Pasha and Others v Minister of Police (A177/2015) [2015] ZAGPPHC 627 (2 September 2015)

Pasha and Others v Minister of Police (A177/2015) [2015] ZAGPPHC 627 (2 September 2015)

The appeal was dismissed because the trial court's findings on both fact and law were supported by the record and not shown to be clearly wrong. The police officers had reasonable grounds to suspect the appellants of committing public violence, a Schedule 1 offence, and acted within the powers granted by section 40(1)(b) of the Criminal Procedure Act. The trial court correctly found the respondent's witnesses credible and identified material contradictions in the appellants' evidence. The appellants failed to prove unlawful arrest, detention, or assault, and the respondent discharged the onus of justifying the arrests. There was no basis for appellate interference with the trial court's...

Citation
[2015] ZAGPPHC 627
Parties
Appellant: Ndivhuwo Catherine Pasha; Appellant: Zondeka Roseleta Mathebula; Appellant: Meleni Calvin Nedombeloni; Appellant: Samuel Mukosi; Appellant: Pfulani Joel Mashava; Appellant: Nyelisani Albert Ramkuela; Appellant: Magezi Joseph Kubayi; Appellant: Avhapfani Joseph Kubayi; Appellant: Elias Valoyi; Appellant: Robert H Chauke; Appellant: Resimati Samuel Hlongwane; Appellant: Abel Maluleke; Appellant: Mmboneni Ramakavhi; Appellant: Tshilidzi Godfrey Mudau; Appellant: Moloko Elvis Tlou; Appellant: Moropeng Sathekge; Respondent: Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 September 2015
Case Number
A177/2015
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment on Liability for Damages
Outcome
Appeal dismissed with costs.
Judges
Strijdom, S.A.M Baqwa
Legal Topics
Unlawful Arrest, Public Violence, Reasonable Suspicion, Assault by Police, Damages for Detention, Credibility of Witnesses
Civil Procedure Delict Criminal Law Unlawful Arrest Public Violence Reasonable Suspicion Assault by Police Damages for Detention +1 more

Case Brief

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Parties

Ndivhuwo Catherine Pasha

Appellant

Zondeka Roseleta Mathebula

Appellant

Meleni Calvin Nedombeloni

Appellant

Samuel Mukosi

Appellant

Pfulani Joel Mashava

Appellant

Nyelisani Albert Ramkuela

Appellant

Magezi Joseph Kubayi

Appellant

Avhapfani Joseph Kubayi

Appellant

Elias Valoyi

Appellant

Robert H Chauke

Appellant

Resimati Samuel Hlongwane

Appellant

Abel Maluleke

Appellant

Mmboneni Ramakavhi

Appellant

Tshilidzi Godfrey Mudau

Appellant

Moloko Elvis Tlou

Appellant

Moropeng Sathekge

Appellant

Minister of Police

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment on Liability for Damages

Legal Issues

  1. 1 Whether the arresting officers had reasonable grounds to suspect the appellants of committing a Schedule 1 offence.
  2. 2 Whether the arrest and detention of the appellants were unlawful.
  3. 3 Whether the appellants were assaulted by police officers during the arrest.

Ratio Decidendi

The appeal was dismissed because the trial court's findings on both fact and law were supported by the record and not shown to be clearly wrong. The police officers had reasonable grounds to suspect the appellants of committing public violence, a Schedule 1 offence, and acted within the powers granted by section 40(1)(b) of the Criminal Procedure Act. The trial court correctly found the respondent's witnesses credible and identified material contradictions in the appellants' evidence. The appellants failed to prove unlawful arrest, detention, or assault, and the respondent discharged the onus of justifying the arrests. There was no basis for appellate interference with the trial court's...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.