Phasha and Others v Minister of Police (70/2016) [2017] ZASCA 6 (10 March 2017)

Phasha and Others v Minister of Police (70/2016) [2017] ZASCA 6 (10 March 2017)

The Supreme Court of Appeal found that the applicants failed to demonstrate any special circumstances justifying a further appeal. The factual findings of the trial court, which accepted the respondent's version of events, were not shown to be affected by material misdirection or to be clearly wrong. The evidence for the respondent established that the arrests were lawful, based on reasonable suspicion of public violence and direct observation of unlawful conduct. The applicants' version was improbable, contradicted by their own statements, and unsupported by medical evidence. No substantial point of law or matter of great importance was raised, and the prospects of success were poor....

Citation
[2017] ZASCA 006
Parties
Applicant: Ndivhuwo Cathrine Phasha; Applicant: Zondeka Roseleta Mathebula; Applicant: Nkhumeleni Calvin Nedombeloni; Applicant: Samuel M Mukosi; Applicant: Pfulani Joel Mashava; Applicant: Nyelisani Albert Ramakuela; Applicant: Avhapfani Joseph Munyai; Applicant: Magezi Joseph Kubayi; Applicant: Elias Valoyi; Applicant: Robert H Chauke; Applicant: Resimati Samuel Hlongwane; Applicant: Abel Maluleke; Applicant: Mmboneni Ramakavhi; Applicant: Tshilidzi Godfrey Mudau; Applicant: Moloko Elvis Tlou; Applicant: Maropeng Sathekge; Respondent: Minister of Police
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
10 March 2017
Case Number
70/2016
Procedural Posture
Leave to Appeal / Application for Special Leave to Appeal to the Supreme Court of Appeal After Unsuccessful Appeal to the Gauteng Division of the High Court, Pretoria.
Outcome
Application for special leave to appeal dismissed with costs.
Judges
Ponnan, Theron, Petse, Zondi, Van der Merwe
Legal Topics
Unlawful Arrest, Unlawful Detention, Assault, Leave to Appeal, Damages
Civil Procedure Delict Unlawful Arrest Unlawful Detention Assault Leave to Appeal Damages

Case Brief

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Parties

Ndivhuwo Cathrine Phasha

Applicant

Zondeka Roseleta Mathebula

Applicant

Nkhumeleni Calvin Nedombeloni

Applicant

Samuel M Mukosi

Applicant

Pfulani Joel Mashava

Applicant

Nyelisani Albert Ramakuela

Applicant

Avhapfani Joseph Munyai

Applicant

Magezi Joseph Kubayi

Applicant

Elias Valoyi

Applicant

Robert H Chauke

Applicant

Resimati Samuel Hlongwane

Applicant

Abel Maluleke

Applicant

Mmboneni Ramakavhi

Applicant

Tshilidzi Godfrey Mudau

Applicant

Moloko Elvis Tlou

Applicant

Maropeng Sathekge

Applicant

Minister of Police

Respondent

Procedural Posture

Leave to Appeal / Application for Special Leave to Appeal to the Supreme Court of Appeal After Unsuccessful Appeal to the Gauteng Division of the High Court, Pretoria.

Legal Issues

  1. 1 Whether the applicants have shown special circumstances justifying a further appeal to the Supreme Court of Appeal.
  2. 2 Whether the trial court erred in accepting the respondent's version of events regarding the alleged unlawful arrest, detention, and assault.
  3. 3 Whether the factual findings of the trial court were affected by material misdirection or were clearly wrong.

Ratio Decidendi

The Supreme Court of Appeal found that the applicants failed to demonstrate any special circumstances justifying a further appeal. The factual findings of the trial court, which accepted the respondent's version of events, were not shown to be affected by material misdirection or to be clearly wrong. The evidence for the respondent established that the arrests were lawful, based on reasonable suspicion of public violence and direct observation of unlawful conduct. The applicants' version was improbable, contradicted by their own statements, and unsupported by medical evidence. No substantial point of law or matter of great importance was raised, and the prospects of success were poor....

Court Disposition

Application for special leave to appeal dismissed with costs.

Orders

  • The application for special leave to appeal is dismissed with costs.