Smit v Minister of Safety and Security for South Africa (51/2010) [2016] ZAECPEHC 73 (22 November 2016)

Smit v Minister of Safety and Security for South Africa (51/2010) [2016] ZAECPEHC 73 (22 November 2016)

The court found that the police officers assaulted the plaintiff in retaliation for racial insults, and that such provocation does not justify an unlawful assault. The plaintiff's provocative conduct warranted a 20% reduction in general damages, but did not bar recovery. The quantum of damages was settled at R600,000, apportioned between past medical expenses, future medical expenses, and general damages. The court held that interest on past medical expenses should run from the date of service of summons, as medical aid payments are not deductible. Interest on future medical expenses and general damages should run from the date of acceptance of the settlement (4 November 2016), as these...

Citation
[2016] ZAECPEHC 73
Parties
Plaintiff: Andre Pieter Smit; Defendant: The Minister of Safety and Security for South Africa
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
22 November 2016
Case Number
51/2010
Procedural Posture
Civil Trial / Quantum and Costs Determination After Liability Judgment
Outcome
Plaintiff's claim for damages succeeds subject to a 20% reduction for provocation; interest and costs awarded as specified.
Judges
J.D. Pickering
Legal Topics
Assault by Police, Quantum of Damages, Interest on Unliquidated Debts, Medical Aid Indemnity, Costs Award
Delict Civil Procedure Assault by Police Quantum of Damages Interest on Unliquidated Debts Medical Aid Indemnity Costs Award

Case Brief

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Parties

Andre Pieter Smit

Plaintiff

The Minister of Safety and Security for South Africa

Defendant

Procedural Posture

Civil Trial / Quantum and Costs Determination After Liability Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for assault by police officers.
  2. 2 Whether the plaintiff's provocative conduct mitigates the quantum of damages.
  3. 3 From which date interest on damages should run for each component of the award.

Ratio Decidendi

The court found that the police officers assaulted the plaintiff in retaliation for racial insults, and that such provocation does not justify an unlawful assault. The plaintiff's provocative conduct warranted a 20% reduction in general damages, but did not bar recovery. The quantum of damages was settled at R600,000, apportioned between past medical expenses, future medical expenses, and general damages. The court held that interest on past medical expenses should run from the date of service of summons, as medical aid payments are not deductible. Interest on future medical expenses and general damages should run from the date of acceptance of the settlement (4 November 2016), as these...

Court Disposition

Plaintiff's claim for damages succeeds subject to a 20% reduction for provocation; interest and costs awarded as specified.

Orders

  • Defendant is to pay plaintiff R600,000 in full and final settlement of damages.
  • Defendant is to pay interest at the legal rate on R122,954.30 (past medical expenses) from date of service of summons to date of payment.