Trident Security Services (Pty) Limited and Another v Bakana (A10/07_) [2007] ZAWCHC 337 (5 April 2007)

Trident Security Services (Pty) Limited and Another v Bakana (A10/07_) [2007] ZAWCHC 337 (5 April 2007)

The court found that the respondent's dignity and privacy were infringed when her bag was searched and its contents unpacked in public view. The appellants failed to discharge the onus of proving justification, as there was no credible evidence that the alarm was triggered by the respondent or that technical evidence supported such a claim. The defence of consent was rejected because the respondent did not give informed consent to the manner and location of the search; at best, she may have consented to a private search. The conduct was therefore wrongful, and the requirement of fault (animus iniuriandi) was fulfilled. The damages awarded by the magistrate were reduced to R30,000,...

Citation
[2007] ZAWCHC 337
Parties
Appellant: Trident Security Services (Pty) Limited; Appellant: Louric Louw; Respondent: Sylvia Nomtiti Bakana
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
5 April 2007
Case Number
A10/07
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court Decision
Outcome
Appeal on the merits dismissed; appeal on quantum succeeds. Damages reduced to R30,000. Each party to pay its own costs on appeal.
Judges
Ndita, Louw
Legal Topics
Dignity Infringement, Privacy Violation, Wrongful Conduct, Justification, Informed Consent
Delict Dignity Infringement Privacy Violation Wrongful Conduct Justification Informed Consent

Case Brief

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Parties

Trident Security Services (Pty) Limited

Appellant

Louric Louw

Appellant

Sylvia Nomtiti Bakana

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court Decision

Legal Issues

  1. 1 Was the infringement of the respondent's dignity and privacy wrongful.
  2. 2 Did the respondent consent to the search in a manner that negated wrongfulness.
  3. 3 Did the triggering of the alarm justify the search and public unpacking of the respondent's bag.

Ratio Decidendi

The court found that the respondent's dignity and privacy were infringed when her bag was searched and its contents unpacked in public view. The appellants failed to discharge the onus of proving justification, as there was no credible evidence that the alarm was triggered by the respondent or that technical evidence supported such a claim. The defence of consent was rejected because the respondent did not give informed consent to the manner and location of the search; at best, she may have consented to a private search. The conduct was therefore wrongful, and the requirement of fault (animus iniuriandi) was fulfilled. The damages awarded by the magistrate were reduced to R30,000,...

Court Disposition

Appeal on the merits dismissed; appeal on quantum succeeds. Damages reduced to R30,000. Each party to pay its own costs on appeal.

Orders

  • The appeal on the merits is dismissed but succeeds on the quantum.
  • The order of the magistrate's court is set aside and substituted with: The defendants are ordered to pay the plaintiff the sum of R30,000 as damages, jointly and severally, the one paying the other to be absolved, together with costs.