Scott en 'n Ander v Minister van Veiligheid (1552/05) [2007] ZAGPHC 100 (15 June 2007)

Scott en 'n Ander v Minister van Veiligheid (1552/05) [2007] ZAGPHC 100 (15 June 2007)

The court found that the arrest and detention of the first plaintiff were unlawful. The applicable statute at the time, section 39(1)(m) of the Arms and Ammunition Act 75 of 1969, criminalised the handling, not mere possession, of a firearm while under the influence of alcohol. The evidence showed that Sergeant Ramaphakela removed the firearm from Scott's holster himself, and there was no proof that Scott handled the weapon in a manner constituting an offence. Even on Scott's version, his handling of the weapon was in response to a lawful police instruction, negating any criminal intent. The court did not find the plaintiffs' version regarding the alleged assault credible and preferred...

Citation
[2007] ZAGPHC 100
Parties
Plaintiff: Jaco Scott; Plaintiff: Scottco (Pty) Ltd; Defendant: Minister van Veiligheid
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
15 June 2007
Case Number
1552/05
Procedural Posture
Civil Trial / Merits Determination
Outcome
Plaintiffs succeeded on the claim for unlawful arrest and detention; the claim for assault was dismissed.
Judges
Du Plessis
Legal Topics
Unlawful Arrest, Unlawful Detention, Assault, Vicarious Liability
Delict Civil Procedure Unlawful Arrest Unlawful Detention Assault Vicarious Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Jaco Scott

Plaintiff

Scottco (Pty) Ltd

Plaintiff

Minister van Veiligheid

Defendant

Procedural Posture

Civil Trial / Merits Determination

Legal Issues

  1. 1 Was the arrest and detention of the first plaintiff lawful under the applicable legislation.
  2. 2 Did Sergeant Ramaphakela assault the first plaintiff by pointing a firearm at him.
  3. 3 Is the defendant vicariously liable for the conduct of the police officers involved.

Ratio Decidendi

The court found that the arrest and detention of the first plaintiff were unlawful. The applicable statute at the time, section 39(1)(m) of the Arms and Ammunition Act 75 of 1969, criminalised the handling, not mere possession, of a firearm while under the influence of alcohol. The evidence showed that Sergeant Ramaphakela removed the firearm from Scott's holster himself, and there was no proof that Scott handled the weapon in a manner constituting an offence. Even on Scott's version, his handling of the weapon was in response to a lawful police instruction, negating any criminal intent. The court did not find the plaintiffs' version regarding the alleged assault credible and preferred...

Court Disposition

Plaintiffs succeeded on the claim for unlawful arrest and detention; the claim for assault was dismissed.

Orders

  • It is declared that the first plaintiff was unlawfully arrested and detained.
  • The plaintiffs' claim based on the alleged assault of the first plaintiff is dismissed.