Van der Vyver v Minister van Veiligheid en Sekuriteit van die Republiek van Suid-Afrika (7875/2008) [2011] ZAWCHC 499 (15 August 2011)

Van der Vyver v Minister van Veiligheid en Sekuriteit van die Republiek van Suid-Afrika (7875/2008) [2011] ZAWCHC 499 (15 August 2011)

The court found that the plaintiff succeeded in proving, on a balance of probabilities, that the defendant's employee, Captain Bartholomew, instigated the prosecution by submitting a knowingly false and misleading report regarding the identification of a bloodstain as a shoeprint matching the plaintiff's shoe. This conduct was intentional and dishonest, amounting to animus injuriandi. The court held that there was a direct causal link between Bartholomew's conduct and the decision to prosecute, as the prosecuting authority relied on his opinion to proceed with the case. The other alleged false statements regarding the murder weapon and fingerprint were found to be either neutral or not...

Citation
[2011] ZAWCHC 499
Parties
Plaintiff: Frederik Barend van der Vyver; Defendant: Minister van Veiligheid en Sekuriteit van die Republiek van Suid-Afrika
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
15 August 2011
Case Number
7875/2008
Procedural Posture
Civil Trial / Liability Determination; Quantum Postponed
Outcome
Plaintiff succeeded in establishing liability for malicious prosecution; quantum of damages to be determined later.
Judges
A.H. Veldhuizen
Legal Topics
Malicious Prosecution, Animus Injuriandi, Causation, False Evidence, Police Misconduct
Delict Malicious Prosecution Animus Injuriandi Causation False Evidence Police Misconduct

Case Brief

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Parties

Frederik Barend van der Vyver

Plaintiff

Minister van Veiligheid en Sekuriteit van die Republiek van Suid-Afrika

Defendant

Procedural Posture

Civil Trial / Liability Determination; Quantum Postponed

Legal Issues

  1. 1 Whether the defendant is liable for damages arising from the malicious prosecution of the plaintiff.
  2. 2 Whether the conduct of the defendant's employees constituted instigation of the prosecution through false statements.
  3. 3 Whether there was animus injuriandi (malice) in the actions of the defendant's employees.

Ratio Decidendi

The court found that the plaintiff succeeded in proving, on a balance of probabilities, that the defendant's employee, Captain Bartholomew, instigated the prosecution by submitting a knowingly false and misleading report regarding the identification of a bloodstain as a shoeprint matching the plaintiff's shoe. This conduct was intentional and dishonest, amounting to animus injuriandi. The court held that there was a direct causal link between Bartholomew's conduct and the decision to prosecute, as the prosecuting authority relied on his opinion to proceed with the case. The other alleged false statements regarding the murder weapon and fingerprint were found to be either neutral or not...

Court Disposition

Plaintiff succeeded in establishing liability for malicious prosecution; quantum of damages to be determined later.

Orders

  • The defendant is ordered to pay the plaintiff's costs, including the costs of two counsel.
  • Preparation fees for expert witnesses Prof. Gert Saayman, Mr Arie Jacob Zeelenberg, and Mr William John Bodziak are to be allowed on taxation.