Rudolph and Others v Minister of Safety and Security and Others (380/2008) [2009] ZASCA 39; 2009 (5) SA 94 (SCA) ; 2009 (2) SACR 271 (SCA) ; [2009] 3 All SA 323 (SCA) (31 March 2009)

Rudolph and Others v Minister of Safety and Security and Others (380/2008) [2009] ZASCA 39; 2009 (5) SA 94 (SCA) ; 2009 (2) SACR 271 (SCA) ; [2009] 3 All SA 323 (SCA) (31 March 2009)

The Supreme Court of Appeal found that the appellants' arrest and detention on 18 July 2003 were unlawful because their group did not constitute a 'gathering' under the Regulation of Gatherings Act, and no offence was committed in the presence of a peace officer. The subsequent detention at Pretoria Central Prison was also unjustified. The prosecution was malicious, as the police acted with animus injuriandi, knowing or foreseeing that no offence had been committed but proceeding regardless. The arrest and detention of the first appellant on 26 July 2003 for sedition were similarly unlawful, as there was no evidence of the offence and no reasonable suspicion. The trial court erred in its...

Citation
[2009] ZASCA 39
Parties
Appellant: Petrus Johannes Rudolph; Appellant: Wentzel Laubscher; Appellant: Marthinus Andries van der Walt; Respondent: Minister of Safety and Security; Respondent: Minister of Correctional Services
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
31 March 2009
Case Number
380/2008
Procedural Posture
Civil Appeal / Appeal From Pretoria High Court (transvaal Provincial Division), Judgment of Mokgoatlheng AJ
Outcome
Appeal upheld with costs; the order of the court a quo set aside and replaced with judgment in favour of the appellants for damages and costs.
Judges
Farlam, Mthiyane, Brand, Lewis, Van Heerden
Legal Topics
Unlawful Arrest, Malicious Prosecution, Quantum of Damages, Onus of Proof, Animus Injuriandi
Delict Civil Procedure Unlawful Arrest Malicious Prosecution Quantum of Damages Onus of Proof Animus Injuriandi

Case Brief

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Parties

Petrus Johannes Rudolph

Appellant

Wentzel Laubscher

Appellant

Marthinus Andries van der Walt

Appellant

Minister of Safety and Security

Respondent

Minister of Correctional Services

Respondent

Procedural Posture

Civil Appeal / Appeal From Pretoria High Court (transvaal Provincial Division), Judgment of Mokgoatlheng AJ

Legal Issues

  1. 1 Whether the arrest and detention of the appellants on 18 July 2003 were lawful.
  2. 2 Whether the prosecution of the appellants was malicious and met the requirements for malicious prosecution.
  3. 3 Whether the arrest and detention of the first appellant on 26 July 2003 were lawful.

Ratio Decidendi

The Supreme Court of Appeal found that the appellants' arrest and detention on 18 July 2003 were unlawful because their group did not constitute a 'gathering' under the Regulation of Gatherings Act, and no offence was committed in the presence of a peace officer. The subsequent detention at Pretoria Central Prison was also unjustified. The prosecution was malicious, as the police acted with animus injuriandi, knowing or foreseeing that no offence had been committed but proceeding regardless. The arrest and detention of the first appellant on 26 July 2003 for sedition were similarly unlawful, as there was no evidence of the offence and no reasonable suspicion. The trial court erred in its...

Court Disposition

Appeal upheld with costs; the order of the court a quo set aside and replaced with judgment in favour of the appellants for damages and costs.

Orders

  • Judgment granted in favour of the first plaintiff: (i) against the first and second defendants jointly and severally for payment of R100,000 in respect of claim 1; (ii) against the first defendant for payment of R50,000 in respect of claim 2; (iii) against the first defendant for payment of R50,000 in respect of...
  • Interest on each amount at the prescribed rate a tempore morae (from 5 April 2007) to date of payment.