Shezi v eThekwini Municipality (7762/2015) [2017] ZAKZDHC 39 (11 October 2017)

Shezi v eThekwini Municipality (7762/2015) [2017] ZAKZDHC 39 (11 October 2017)

The court found that the plaintiff had discharged the onus of proof on a balance of probabilities that she was unlawfully assaulted and insulted by Metro police officers acting in the course and scope of their employment with the defendant. The evidence of the plaintiff and her witness was corroborated by Sithembiso Malinga, who was called by the defendant and not declared hostile. The inconsistencies in the plaintiff's evidence were not material and did not warrant rejection of her version. The defendant's bare denial and failure to plead a substantive version, coupled with its conduct during trial, rendered its defence untenable. The court held the defendant vicariously liable for the...

Citation
[2017] ZAKZDHC 39
Parties
Plaintiff: Samukelisiwe Londiwe Lorraine Shezi; Defendant: eThekwini Municipality
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
11 October 2017
Case Number
7762/2015
Procedural Posture
Civil Trial / Liability Phase; Quantum Adjourned Sine Die
Outcome
Judgment for the plaintiff on liability; quantum adjourned sine die.
Judges
Henriques
Legal Topics
Unlawful Assault, Vicarious Liability, Damages for Injuria, Credibility of Witnesses, Bare Denial Pleading
Delict Civil Procedure Unlawful Assault Vicarious Liability Damages for Injuria Credibility of Witnesses Bare Denial Pleading

Case Brief

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Parties

Samukelisiwe Londiwe Lorraine Shezi

Plaintiff

eThekwini Municipality

Defendant

Procedural Posture

Civil Trial / Liability Phase; Quantum Adjourned Sine Die

Legal Issues

  1. 1 Whether the plaintiff was unlawfully assaulted and insulted by Metro police officers acting in the course and scope of their employment with the defendant.
  2. 2 Whether the defendant is vicariously liable for the conduct of its Metro police officers.
  3. 3 Whether the plaintiff discharged the onus of proof on a balance of probabilities.

Ratio Decidendi

The court found that the plaintiff had discharged the onus of proof on a balance of probabilities that she was unlawfully assaulted and insulted by Metro police officers acting in the course and scope of their employment with the defendant. The evidence of the plaintiff and her witness was corroborated by Sithembiso Malinga, who was called by the defendant and not declared hostile. The inconsistencies in the plaintiff's evidence were not material and did not warrant rejection of her version. The defendant's bare denial and failure to plead a substantive version, coupled with its conduct during trial, rendered its defence untenable. The court held the defendant vicariously liable for the...

Court Disposition

Judgment for the plaintiff on liability; quantum adjourned sine die.

Orders

  • The defendant is liable to compensate the plaintiff for one hundred per cent (100%) of her proven or agreed damages.
  • The defendant is directed to pay the plaintiff’s costs of suit on the High Court party/party scale in respect of the issue of liability.