Sediko v Minister of Safety and Security (1404/2008) [2015] ZANWHC 47 (20 August 2015)

Sediko v Minister of Safety and Security (1404/2008) [2015] ZANWHC 47 (20 August 2015)

The court found that the plaintiff was acquitted, satisfying the requirement that the prosecution failed. The arrest by Scholtz constituted the setting in motion of the prosecution. However, Scholtz had reasonable and probable cause to arrest and lay the charge against the plaintiff, based on confessions, the discovery of unissued notes, and the implausible explanations provided. Scholtz acted as a conscientious police officer and did not act with malice or animus injuriandi. The plaintiff failed to prove that Scholtz acted without reasonable and probable cause or with malice. Consequently, the claim for malicious prosecution could not succeed.

Citation
[2015] ZANWHC 47
Parties
Plaintiff: Sehularo Dominic Sediko; Defendant: Minister of Safety and Security
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
20 August 2015
Case Number
1404/2008
Procedural Posture
Civil Trial / Liability Separated From Quantum; Judgment on Liability
Outcome
Plaintiff's action dismissed with costs.
Judges
A A Landman
Legal Topics
Malicious Prosecution, Vicarious Liability, Animus Injuriandi, Reasonable and Probable Cause
Delict Malicious Prosecution Vicarious Liability Animus Injuriandi Reasonable and Probable Cause

Case Brief

Summary, issues, holding and outcome

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Parties

Sehularo Dominic Sediko

Plaintiff

Minister of Safety and Security

Defendant

Procedural Posture

Civil Trial / Liability Separated From Quantum; Judgment on Liability

Legal Issues

  1. 1 Whether the defendant, through Superintendent Scholtz, maliciously set the law in motion against the plaintiff.
  2. 2 Whether the defendant acted without reasonable and probable cause in prosecuting the plaintiff.
  3. 3 Whether the defendant acted with malice (animus injuriandi) in instituting the prosecution.

Ratio Decidendi

The court found that the plaintiff was acquitted, satisfying the requirement that the prosecution failed. The arrest by Scholtz constituted the setting in motion of the prosecution. However, Scholtz had reasonable and probable cause to arrest and lay the charge against the plaintiff, based on confessions, the discovery of unissued notes, and the implausible explanations provided. Scholtz acted as a conscientious police officer and did not act with malice or animus injuriandi. The plaintiff failed to prove that Scholtz acted without reasonable and probable cause or with malice. Consequently, the claim for malicious prosecution could not succeed.

Court Disposition

Plaintiff's action dismissed with costs.

Orders

  • The action is dismissed with costs.