Rapudungwane v Minister of Police (5524/2019) [2023] ZAFSHC 317 (4 August 2023)

Rapudungwane v Minister of Police (5524/2019) [2023] ZAFSHC 317 (4 August 2023)

The court found the plaintiff's version credible and corroborated by witness testimony and medical evidence. The defendant's witnesses presented contradictory and evasive accounts, and failed to call key witnesses, justifying an adverse inference. The plaintiff established on a balance of probabilities that he was unlawfully shot by the police, and that his arrest and detention were not justified under section 40(1)(a) of the Criminal Procedure Act. The police's conduct, including ignoring pleas for medical attention and fabricating charges, aggravated the damages suffered. The court held the defendant liable for damages arising from unlawful assault, arrest, and detention, awarding...

Citation
[2023] ZAFSHC 317
Parties
Plaintiff: Thabiso Andries Rapudungwane; Defendant: Minister of Police
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
4 August 2023
Case Number
5524/2019
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Judgment granted in favour of the plaintiff for damages arising from unlawful assault, arrest, and detention.
Judges
N.S. Daniso
Legal Topics
Unlawful Arrest, Unlawful Detention, Police Assault, Damages Quantification, Constitutional Rights, Medical Expenses
Delict Civil Procedure Unlawful Arrest Unlawful Detention Police Assault Damages Quantification Constitutional Rights Medical Expenses

Case Brief

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Parties

Thabiso Andries Rapudungwane

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiff was unlawfully shot by the police.
  2. 2 Whether the plaintiff's arrest and detention were unlawful.
  3. 3 Whether the defendant is liable for damages arising from the shooting, arrest, and detention.

Ratio Decidendi

The court found the plaintiff's version credible and corroborated by witness testimony and medical evidence. The defendant's witnesses presented contradictory and evasive accounts, and failed to call key witnesses, justifying an adverse inference. The plaintiff established on a balance of probabilities that he was unlawfully shot by the police, and that his arrest and detention were not justified under section 40(1)(a) of the Criminal Procedure Act. The police's conduct, including ignoring pleas for medical attention and fabricating charges, aggravated the damages suffered. The court held the defendant liable for damages arising from unlawful assault, arrest, and detention, awarding...

Court Disposition

Judgment granted in favour of the plaintiff for damages arising from unlawful assault, arrest, and detention.

Orders

  • The defendant shall pay the plaintiff R2,400,000.00 as damages for unlawful assault, arrest, and detention.
  • The defendant shall pay the plaintiff R16,822.00 in respect of past medical and related costs.