Van Rhyner v Minister of Safety and Security (3091/09) [2011] ZAECGHC 4 (24 February 2011)

Van Rhyner v Minister of Safety and Security (3091/09) [2011] ZAECGHC 4 (24 February 2011)

The court found the plaintiff to be an unsatisfactory and untrustworthy witness whose evidence was riddled with contradictions, improbabilities, and inconsistencies both internally and with the pleadings. The plaintiff's account of the alleged assault and the effects of pepper spray was not supported by the expert summary, nor by the physical layout of the tavern as credibly described by the defendant's witness. The plaintiff's daughter's testimony was also found unreliable and did not corroborate the plaintiff's version. The plaintiff failed to discharge the onus of proof required to establish that the defendant's employee assaulted him as alleged. Consequently, the plaintiff's claim for...

Citation
[2011] ZAECGHC 4
Parties
Plaintiff: Aubrey Van Rhyner; Defendant: Minister of Safety and Security
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
24 February 2011
Case Number
3091/09
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's action dismissed with costs.
Judges
Y Ebrahim
Legal Topics
Assault by Police Officer, Onus of Proof, Credibility of Witnesses, Damages for Personal Injury
Delict Assault by Police Officer Onus of Proof Credibility of Witnesses Damages for Personal Injury

Case Brief

Summary, issues, holding and outcome

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Parties

Aubrey Van Rhyner

Plaintiff

Minister of Safety and Security

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant's employee, Sergeant van Niekerk, assaulted the plaintiff as alleged.
  2. 2 Whether the plaintiff discharged the onus of proof to establish liability for damages.
  3. 3 Whether the evidence presented by the plaintiff and his witness was credible and reliable.

Ratio Decidendi

The court found the plaintiff to be an unsatisfactory and untrustworthy witness whose evidence was riddled with contradictions, improbabilities, and inconsistencies both internally and with the pleadings. The plaintiff's account of the alleged assault and the effects of pepper spray was not supported by the expert summary, nor by the physical layout of the tavern as credibly described by the defendant's witness. The plaintiff's daughter's testimony was also found unreliable and did not corroborate the plaintiff's version. The plaintiff failed to discharge the onus of proof required to establish that the defendant's employee assaulted him as alleged. Consequently, the plaintiff's claim for...

Court Disposition

Plaintiff's action dismissed with costs.

Orders

  • The plaintiff's action against the defendant is dismissed.
  • The plaintiff is ordered to pay the defendant's costs.