Pieterse en Andere v Minister van Veiligheid en Sekuriteit en Andere (30396/05) [2009] ZAGPHC 29 (13 February 2009)

Pieterse en Andere v Minister van Veiligheid en Sekuriteit en Andere (30396/05) [2009] ZAGPHC 29 (13 February 2009)

The court found the plaintiffs to be credible witnesses whose evidence was corroborated by independent photographic evidence and a neutral witness. The police officers' versions were inherently improbable and inconsistent with the pleadings and the physical evidence. The plaintiffs were unlawfully arrested and detained without a warrant, subjected to assault and degrading language by police officers, and maliciously prosecuted without reasonable grounds. The police failed in their duty to protect the fourth plaintiff from assault by a third party, resulting in injury. The court held that the plaintiffs discharged their onus in respect of all claims, while the defendants failed to prove...

Citation
[2009] ZAGPHC 29
Parties
Plaintiff: David Jacobus Pieterse; Plaintiff: David Pieterse; Plaintiff: Susanna Zacharia Pieterse; Plaintiff: Jason Pieterse; Defendant: Minister van Veiligheid en Sekuriteit; Defendant: Shane Fourie; Defendant: V D’Almeida; Defendant: Kadfrasen Naidoo; Defendant: Liezel D’Almeida; Defendant: Andre van Jaarsveld
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
13 February 2009
Case Number
30396/05
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the plaintiffs. Damages awarded to each plaintiff against the relevant defendants, jointly and severally, with interest and costs.
Judges
Prinsloo R
Legal Topics
Unlawful Arrest, Malicious Prosecution, Assault by Police, Actio Iniuriarum, Damages Quantification
Delict Civil Procedure Unlawful Arrest Malicious Prosecution Assault by Police Actio Iniuriarum Damages Quantification

Case Brief

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Parties

David Jacobus Pieterse

Plaintiff

David Pieterse

Plaintiff

Susanna Zacharia Pieterse

Plaintiff

Jason Pieterse

Plaintiff

Minister van Veiligheid en Sekuriteit

Defendant

Shane Fourie

Defendant

V D’Almeida

Defendant

Kadfrasen Naidoo

Defendant

Liezel D’Almeida

Defendant

Andre van Jaarsveld

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiffs were unlawfully arrested and detained by the police.
  2. 2 Whether the plaintiffs were assaulted and verbally abused by police officers.
  3. 3 Whether the plaintiffs were maliciously prosecuted without reasonable grounds.

Ratio Decidendi

The court found the plaintiffs to be credible witnesses whose evidence was corroborated by independent photographic evidence and a neutral witness. The police officers' versions were inherently improbable and inconsistent with the pleadings and the physical evidence. The plaintiffs were unlawfully arrested and detained without a warrant, subjected to assault and degrading language by police officers, and maliciously prosecuted without reasonable grounds. The police failed in their duty to protect the fourth plaintiff from assault by a third party, resulting in injury. The court held that the plaintiffs discharged their onus in respect of all claims, while the defendants failed to prove...

Court Disposition

Judgment for the plaintiffs. Damages awarded to each plaintiff against the relevant defendants, jointly and severally, with interest and costs.

Orders

  • Judgment is granted in favour of the first plaintiff against the first, second, and third defendants, jointly and severally: payment of R135,000; interest at 15.5% per annum from date of judgment until payment; costs of suit.
  • Judgment is granted in favour of the second plaintiff against the first, second, third, and fourth defendants, jointly and severally: payment of R135,000; interest at 15.5% per annum from date of judgment until payment; costs of suit.