Van Der Laarse v Minister of Police and Another (31378/2012) [2013] ZAGPPHC 536 (18 October 2013)
The court found that the plaintiff was unlawfully arrested and detained in extremely degrading and overcrowded conditions, suffering humiliation and reputational harm. The conduct of the second defendant was egregious and deserving of censure. The quantum claimed by the plaintiff was reasonable when compared to...
Source-derived case information.
- Citation
- [2013] ZAGPPHC 536
- Parties
- Plaintiff: Louw Erasmus Van Der Laarse; Defendant: Minister of Police; Defendant: Captain Edward Sello Sekelele
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 31378/2012
- Procedural Posture
- Civil Trial / Damages Assessment After Merits Conceded
- Outcome
- Judgment for the plaintiff; damages and costs awarded.
- Judges
- Ebersohn
- Legal Topics
- Unlawful Arrest, Detention Conditions, General Damages, Contumelia, Interest a Tempore Morae
Source-derived case record
Summary, issues, holding and outcome
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Parties
Louw Erasmus Van Der Laarse
Plaintiff
Minister of Police
Defendant
Captain Edward Sello Sekelele
Defendant
Procedural Posture
Civil Trial / Damages Assessment After Merits Conceded
Legal Issues
- 1 Whether the plaintiff's arrest and detention were unlawful and warrant damages.
- 2 What is the appropriate quantum of damages for loss of liberty, contumelia, injury to reputation, and legal costs.
- 3 Whether the plaintiff is entitled to interest a tempore morae and costs of action.
Ratio Decidendi
The court found that the plaintiff was unlawfully arrested and detained in extremely degrading and overcrowded conditions, suffering humiliation and reputational harm. The conduct of the second defendant was egregious and deserving of censure. The quantum claimed by the plaintiff was reasonable when compared to similar cases, especially considering the severity of the treatment. The plaintiff was entitled to reimbursement of legal costs incurred in defending himself and securing bail, as well as interest a tempore morae. Judgment was granted in favour of the plaintiff for general damages and legal costs, with interest and costs of action awarded against the defendants jointly and severally.
Court Disposition
Judgment for the plaintiff; damages and costs awarded.
Orders
- Defendants to pay the plaintiff, jointly and severally, R280,000.00 for general damages, R58,310.05 for legal costs incurred in the criminal court, and R5,851.96 for bail application costs, totaling R344,162.01, with interest at 15.5% per annum from 20 October 2010 until date of payment.
- Defendants to pay the costs of the action, jointly and severally, payment by the one absolving the other.
Full Case Text
Judgment text and source record
36 paragraphs
IN THE NORTH GAUTENG HIGH COURT, PRETORIA
(REPUBLIC OF SOUTH AFRICA)
Case No: 31378/2012
Date: 18 October 2013
Not reportable
Not of interest to other judges
In the matter between:
LOUW ERASMUS VAN DER LAARSE....................................................................................PLAINTIFF
and
THE MINISTER OF POLICE...........................................................................................1ST DEFENDANT
CAPTAIN EDWARD SELLO SEKELELE......................................................................2nd DEFENDANT
DATE HEARD 13th SEPTEMBER 2013
DATE JUDGMENT HANDED DOWN: 18th OCTOBER 2013
JUDGMENT
EBERSOHN AJ
[1] The plaintiff is a major male Export Manager, who was employed at the Beit Bridge Border Post.
[2] The defendants are the Minister of Police and one Captain Edward Sello Sekelele, a police officer stationed at the Beit Bridge Police Station.
[3] On or about Friday the 21sl May 2012 at the Beit Bridge Border Post the plaintiff was arrested, without a warrant, by the second defendant who was acting within the course and scope of his employment with the first defendant.
[4] The plaintiff was thereafter detained at the Beit Bridge Police Station and thereafter at the Musina Police Station from about 17:40 on 21 May 2010 until Monday 24 May 2010 at 9:00 when he was released on bail. All charges against the plaintiff were later withdrawn by the Senior Prosecutor of the cluster.
[5] The plaintiff thereafter issued summons against the defendants wherein he claimed R200 000,00 in respect of loss of liberty, R150 000,00 in respect of contumelia and injury to his reputation, R58 310,05 in respect of legal costs to defend himself in court until the matter was finally withdrawn on the 17th March 2011 and R5 851,96 being for legal costs regarding his bail application.
[6] The defendants defended the matter but at the hearing the defendants conceded merits and the matter was settled and the Court was only asked to make an appropriate award of damages.
[7] It is common cause that the plaintiff was treated very cruelly and under horrifying circumstances from the moment of his arrest, which took place in the presence of acquaintances of him, by the second defendant and his subordinates. He was detained in a hopelessly
overcrowded container under filthy conditions. He was arrested by the second respondent who acted as if he was power drunk and in a disgraceful display to all those who beheld what was going on. This Court can only hope that the matter somewhere along the line receives attention from some senior officer for the conduct of the second defendant cannot be left unpunished and he is particularly unsuited to be an officer and to be in charge anywhere.
[8] The amounts claimed by the plaintiff is, for all intents and purposes, reasonable when compared to the awards made in other cases, especially when the gruesomeness of what the police officers did to the plaintiff and the circumstances under which he was detained is taken into account.
[9] The plaintiff was entitled to obtain legal representation and to be reimbursed and to interest a tempore morae.
[ 10] The following order is made:
1. Judgment is granted in favour of the plaintiff for the payment by the defendants to the plaintiff, jointly and severally, payment by the one absolving the other, for general damages in the amount of R280 000,00 and for legal costs incurred in the criminal court, in the amounts of R58 310,05 and R5 851,96 respectively making a total amount payable of R344 162,01 with interest thereon at the rate of 15,5% per annum calculated from the 20th October 2010 to date of payment of the R344 162,01.
2. The defendants are ordered to pay the costs of the action, jointly and severally, payment by the one absolving the other.
P.Z. EBERSOHN
ACTING JUDGE OF THE HIGH COURT
Plaintiff s counsel: Adv. M. Naude
Plaintiffs attorneys: Coxwell Steyn Vise & Naude
Ref. S de Lange/SA5000
Defendants’ counsel: Not recorded
Defendants’s attorneys: State Attorney
Ref. G. Kock/7175/10/Z35 3487/13/Z39