Van Der Schyff and Another v Minister van Polisie and Others (22899/2012,23000/2012) [2015] ZAGPPHC 173 (4 March 2015)

Van Der Schyff and Another v Minister van Polisie and Others (22899/2012,23000/2012) [2015] ZAGPPHC 173 (4 March 2015)

Both plaintiffs were arrested and detained for approximately four days without a warrant and without any lawful justification provided by the police. The defendant failed to discharge the onus of proving the lawfulness of the arrest and detention. The conduct of the police was marked by arrogance and malice, including misleading the first plaintiff and using excessive force and humiliation against the second plaintiff. The conditions of detention were harsh and degrading. The court considered comparable awards and the individual circumstances of each plaintiff, concluding that each is entitled to R135,000 in general damages for unlawful arrest and detention. The award is intended to...

Citation
[2015] ZAGPPHC 173
Parties
Plaintiff: J F van der Schyff; Plaintiff: G Botha; Defendant: Minister van Polisie; Defendant: Constable Maduna; Defendant: Director of Public Prosecutions
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 March 2015
Case Number
22899/2012,23000/2012
Procedural Posture
Civil Trial / Judgment After Consolidated Trial
Outcome
Judgment in favour of both plaintiffs for unlawful arrest and detention.
Judges
D S Fourie
Legal Topics
Unlawful Arrest, Unlawful Detention, Damages Quantification, Onus of Proof, Malicious Arrest
Delict Civil Procedure Unlawful Arrest Unlawful Detention Damages Quantification Onus of Proof Malicious Arrest

Case Brief

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Parties

J F van der Schyff

Plaintiff

G Botha

Plaintiff

Minister van Polisie

Defendant

Constable Maduna

Defendant

Director of Public Prosecutions

Defendant

Procedural Posture

Civil Trial / Judgment After Consolidated Trial

Legal Issues

  1. 1 Whether the arrest and detention of both plaintiffs were unlawful.
  2. 2 If so, what is the appropriate amount of damages for each plaintiff.

Ratio Decidendi

Both plaintiffs were arrested and detained for approximately four days without a warrant and without any lawful justification provided by the police. The defendant failed to discharge the onus of proving the lawfulness of the arrest and detention. The conduct of the police was marked by arrogance and malice, including misleading the first plaintiff and using excessive force and humiliation against the second plaintiff. The conditions of detention were harsh and degrading. The court considered comparable awards and the individual circumstances of each plaintiff, concluding that each is entitled to R135,000 in general damages for unlawful arrest and detention. The award is intended to...

Court Disposition

Judgment in favour of both plaintiffs for unlawful arrest and detention.

Orders

  • The first defendant is ordered to pay R135,000 to the first plaintiff (J F van der Schyff).
  • The first defendant is ordered to pay R135,000 to the second plaintiff (G Botha).