Van Staden v Cilliers (21/08) [2009] ZAGPPHC 357 (11 December 2009)

Van Staden v Cilliers (21/08) [2009] ZAGPPHC 357 (11 December 2009)

The court found that the respondent was the first to resort to physical action, advancing on the appellant to push him away from the beer crates. The appellant's response, whether a push or poke, was minimal and provoked by the respondent's conduct. The evidence did not substantiate any significant physical injury, and the emotional trauma claimed was not adequately described or proven. The court held that the incident was trivial and did not merit judicial intervention, applying the principle of de minimis non curat lex. The appellant's actions were in response to the respondent's initial assault and did not justify an award of damages. Consequently, the appeal succeeded, and the...

Citation
[2009] ZAGPPHC 357
Parties
Appellant: Johan Phillip Van Staden; Respondent: Elsabe Magdelena Cilliers
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 December 2009
Case Number
21/08
Procedural Posture
Civil Appeal / Appeal From Magistrates' Court
Outcome
Appeal upheld; respondent's claim dismissed with costs.
Judges
Victor, Sapire
Legal Topics
Assault, Damages, De Minimis Non Curat Lex, Self Defence
Delict Assault Damages De Minimis Non Curat Lex Self Defence

Case Brief

Summary, issues, holding and outcome

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Parties

Johan Phillip Van Staden

Appellant

Elsabe Magdelena Cilliers

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether the appellant assaulted the respondent and, if so, whether the assault was justified.
  2. 2 Whether the respondent suffered compensable damages as a result of the alleged assault.
  3. 3 Whether the principle of de minimis non curat lex applies to the facts of this case.

Ratio Decidendi

The court found that the respondent was the first to resort to physical action, advancing on the appellant to push him away from the beer crates. The appellant's response, whether a push or poke, was minimal and provoked by the respondent's conduct. The evidence did not substantiate any significant physical injury, and the emotional trauma claimed was not adequately described or proven. The court held that the incident was trivial and did not merit judicial intervention, applying the principle of de minimis non curat lex. The appellant's actions were in response to the respondent's initial assault and did not justify an award of damages. Consequently, the appeal succeeded, and the...

Court Disposition

Appeal upheld; respondent's claim dismissed with costs.

Orders

  • The order of the court a quo is set aside.
  • Plaintiff's claim is dismissed with costs.