Poswa v Minister of Safety and Security (1115/08) [2011] ZAECPEHC 41 (29 September 2011)

Poswa v Minister of Safety and Security (1115/08) [2011] ZAECPEHC 41 (29 September 2011)

The court found the plaintiff's version of events to be credible, consistent, and corroborated by both medical evidence and witness testimony. The defendant's witness was not persuasive, and his account was improbable given the time constraints and circumstances. The court concluded that the plaintiff was unlawfully assaulted by SAPS members, resulting in physical and psychological harm. The defendant is therefore liable for damages. The quantum of damages was determined by combining the heads of general damages for assault and psychological trauma, and by awarding future medical expenses subject to a 10% contingency deduction, based on expert evidence and comparable case law.

Citation
[2011] ZAECPEHC 41
Parties
Plaintiff: Nkoliseko Poswa; Defendant: Minister of Safety and Security
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
29 September 2011
Case Number
1115/08
Procedural Posture
Civil Trial / Judgment
Outcome
Judgment entered in favour of the plaintiff. The defendant is liable for damages resulting from unlawful assault.
Judges
N G Beshe
Legal Topics
Unlawful Assault, Damages Quantification, Psychological Injury, Future Medical Expenses
Delict Civil Procedure Unlawful Assault Damages Quantification Psychological Injury Future Medical Expenses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Nkoliseko Poswa

Plaintiff

Minister of Safety and Security

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Whether the plaintiff was unlawfully and wrongfully assaulted by members of the South African Police Services.
  2. 2 Whether the defendant is liable for damages suffered by the plaintiff as a result of the assault.
  3. 3 What is the appropriate quantum of damages for general and psychological harm, and future medical expenses.

Ratio Decidendi

The court found the plaintiff's version of events to be credible, consistent, and corroborated by both medical evidence and witness testimony. The defendant's witness was not persuasive, and his account was improbable given the time constraints and circumstances. The court concluded that the plaintiff was unlawfully assaulted by SAPS members, resulting in physical and psychological harm. The defendant is therefore liable for damages. The quantum of damages was determined by combining the heads of general damages for assault and psychological trauma, and by awarding future medical expenses subject to a 10% contingency deduction, based on expert evidence and comparable case law.

Court Disposition

Judgment entered in favour of the plaintiff. The defendant is liable for damages resulting from unlawful assault.

Orders

  • The defendant is ordered to pay the plaintiff R170,000.00 in respect of damages for assault.
  • The defendant is ordered to pay the plaintiff R12,150.00 in respect of future medical expenses, after a 10% contingency deduction.