Van der Nest NO v Minister of Police (154/2024) [2025] ZASCA 42; [2025] 2 All SA 655 (SCA) (10 April 2025)

Van der Nest NO v Minister of Police (154/2024) [2025] ZASCA 42; [2025] 2 All SA 655 (SCA) (10 April 2025)

The Supreme Court of Appeal found that the full court erred in setting aside the proceedings on a technicality regarding the administration of the oath, as the record and context indicated the witness was properly sworn in and no party raised objection. The full court further breached the appellant's right to be heard by delivering judgment without allowing submissions on the issue. On quantum, the high court's award of R15,000 was found to be mechanically determined and not commensurate with the circumstances, including humiliation, deprivation, and malicious conduct. The appellate court, having all evidence before it, substituted the award with R50,000 plus interest from the date of...

Citation
[2025] ZASCA 42
Parties
Appellant: Trisce Jane van der Nest NO (in her representative capacity of Estate Late Lend Mogapi 6914/2023); Respondent: Minister of Police
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
10 April 2025
Case Number
154/2024
Procedural Posture
Civil Appeal / Appeal From Full Court of North West Division of the High Court, Mahikeng
Outcome
Appeal upheld with costs, including costs of two counsel. The order of the full court is set aside and substituted with an award of R50,000 plus interest at the prescribed rate from the date of the trial court's judgment to date of payment.
Judges
Mocumie, Schippers, Coppin, Musi, Vally
Legal Topics
Unlawful Arrest, Unlawful Detention, Quantification of General Damages, Administration of Oath, Audi Alteram Partem, Prescribed Rate of Interest
Delict Civil Procedure Unlawful Arrest Unlawful Detention Quantification of General Damages Administration of Oath Audi Alteram Partem Prescribed Rate of Interest

Case Brief

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Parties

Trisce Jane van der Nest NO (in her representative capacity of Estate Late Lend Mogapi 6914/2023)

Appellant

Minister of Police

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Court of North West Division of the High Court, Mahikeng

Legal Issues

  1. 1 Whether the full court correctly raised, mero motu, the issue of the swearing-in of a witness at trial.
  2. 2 Whether the full court correctly concluded that the witness was not properly sworn-in as contemplated in section 39(2) of the Civil Proceedings Evidence Act 25 of 1965.
  3. 3 Whether the quantification of damages by the high court was appropriate and whether an appellate court can substitute the award.

Ratio Decidendi

The Supreme Court of Appeal found that the full court erred in setting aside the proceedings on a technicality regarding the administration of the oath, as the record and context indicated the witness was properly sworn in and no party raised objection. The full court further breached the appellant's right to be heard by delivering judgment without allowing submissions on the issue. On quantum, the high court's award of R15,000 was found to be mechanically determined and not commensurate with the circumstances, including humiliation, deprivation, and malicious conduct. The appellate court, having all evidence before it, substituted the award with R50,000 plus interest from the date of...

Court Disposition

Appeal upheld with costs, including costs of two counsel. The order of the full court is set aside and substituted with an award of R50,000 plus interest at the prescribed rate from the date of the trial court's judgment to date of payment.

Orders

  • The appeal is upheld with costs, including the costs of two counsel.
  • Paragraph (i) of the order of the full court is set aside and substituted with: 'The defendant is ordered to pay the plaintiff an amount of R50,000 (fifty thousand) plus interest, at the prescribed rate per annum, reckoned from the date of the trial court’s judgment to the date of payment.'