Shashape v Minister of Police (1566/2018) [2020] ZANWHC 26 (30 April 2020)

Shashape v Minister of Police (1566/2018) [2020] ZANWHC 26 (30 April 2020)

The court found that the police officers entered and searched the plaintiff's home without a warrant, consent, or reasonable grounds as required by section 22 of the Criminal Procedure Act. The plaintiff expressly denied consent and no evidence was presented to justify the search. The defendant failed to discharge the onus to show the search was lawful. The search infringed the plaintiff's constitutional rights to privacy and dignity, causing emotional distress, reputational harm, and financial loss. The court accepted the plaintiff's evidence as honest and reliable. Considering comparable awards and the severity of the impact, the court determined that R96,000.00 was a fair amount of...

Citation
[2020] ZANWHC 26
Parties
Plaintiff: Matshidiso Jeanette Shashape; Defendant: Minister of Police
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
30 April 2020
Case Number
1566/2018
Procedural Posture
Civil Trial / Default Judgment After Defendant Failed to Plead; Evidence Led by Plaintiff Only.
Outcome
Judgment for the plaintiff. The defendant is ordered to pay R96,000.00 in damages and costs.
Judges
Gura
Legal Topics
Unlawful Search and Seizure, Right to Privacy, General Damages, Vicarious Liability, Institution of Legal Proceedings Against Organs of State, Quantum of Damages
Civil Procedure Delict Constitutional Law Unlawful Search and Seizure Right to Privacy General Damages Vicarious Liability Institution of Legal Proceedings Against Organs of State +1 more

Case Brief

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Parties

Matshidiso Jeanette Shashape

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Default Judgment After Defendant Failed to Plead; Evidence Led by Plaintiff Only.

Legal Issues

  1. 1 Whether the entry and search of the plaintiff's residence by police officers was unlawful and wrongful.
  2. 2 Whether the police officers complied with the requirements of the Criminal Procedure Act for a warrantless search.
  3. 3 Whether the plaintiff's constitutional rights to privacy and dignity were infringed.

Ratio Decidendi

The court found that the police officers entered and searched the plaintiff's home without a warrant, consent, or reasonable grounds as required by section 22 of the Criminal Procedure Act. The plaintiff expressly denied consent and no evidence was presented to justify the search. The defendant failed to discharge the onus to show the search was lawful. The search infringed the plaintiff's constitutional rights to privacy and dignity, causing emotional distress, reputational harm, and financial loss. The court accepted the plaintiff's evidence as honest and reliable. Considering comparable awards and the severity of the impact, the court determined that R96,000.00 was a fair amount of...

Court Disposition

Judgment for the plaintiff. The defendant is ordered to pay R96,000.00 in damages and costs.

Orders

  • The defendant is ordered to pay to the plaintiff, within thirty days from date hereof, an amount of Ninety Six Thousand Rand (R96,000.00) with costs.
  • If payment is not made within thirty days as aforesaid, the defendant will be liable to pay interest.