Sibulali v Minister of Police (1551/13) [2016] ZAECMHC 31 (21 June 2016)

Sibulali v Minister of Police (1551/13) [2016] ZAECMHC 31 (21 June 2016)

The court found that the plaintiff failed to discharge the onus of proof required to establish that she was assaulted by members of the South African Police Services. Her evidence was inconsistent, lacked corroboration, and was contradicted by the defendant's witness. The plaintiff did not call witnesses who could have supported her version, and the medical report (J88) was inadmissible as hearsay because the doctor who completed it was not called to testify. The court concluded that the plaintiff's version was factually incredible and unreliable, and that she failed to prove her claim on a balance of probabilities. Accordingly, the claim was dismissed.

Citation
[2016] ZAECMHC 31
Parties
Plaintiff: Nothemba Pretty Sibulali; Defendant: Minister of Police
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
21 June 2016
Case Number
1551/13
Procedural Posture
Civil Trial / Judgment After Trial on Merits and Quantum
Outcome
Plaintiff's claim dismissed with costs.
Judges
Mgxaji
Legal Topics
Unlawful Assault, Onus of Proof, Medical Evidence, Hearsay Evidence
Delict Unlawful Assault Onus of Proof Medical Evidence Hearsay Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Nothemba Pretty Sibulali

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Judgment After Trial on Merits and Quantum

Legal Issues

  1. 1 Whether the plaintiff proved on a balance of probabilities that she was unlawfully assaulted by members of the South African Police Services on 10 May 2013.
  2. 2 Whether the J88 medical report should be admitted as evidence to corroborate the plaintiff's assault allegations.
  3. 3 Whether the plaintiff discharged the onus of proof required in civil claims for assault.

Ratio Decidendi

The court found that the plaintiff failed to discharge the onus of proof required to establish that she was assaulted by members of the South African Police Services. Her evidence was inconsistent, lacked corroboration, and was contradicted by the defendant's witness. The plaintiff did not call witnesses who could have supported her version, and the medical report (J88) was inadmissible as hearsay because the doctor who completed it was not called to testify. The court concluded that the plaintiff's version was factually incredible and unreliable, and that she failed to prove her claim on a balance of probabilities. Accordingly, the claim was dismissed.

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The plaintiff's claim is dismissed with costs.