Mashaba v Minister of Police (4574/2021)
Mashaba v Minister of Police (4574/2021) [2024] ZAMPMBHC 9 (9 January 2024)
The court found that the plaintiff was assaulted by SAPS members, kept handcuffed for several hours, denied access to the toilet, and forced to urinate himself, constituting cruel, inhuman and degrading treatment. The SAPS's conduct was not justified by any resistance to arrest or threat posed by the plaintiff. The police breached their constitutional duties and violated the plaintiff's rights to dignity and freedom from cruel treatment. The court held that general damages were the appropriate relief, as the facts did not justify a separate award of constitutional damages. The defendant is vi…
Source excerpt
- Unlawful Arrest
- Assault By Police
- Constitutional Damages
- Human Dignity
- Cruel Inhuman Degrading Treatment
- Vicarious Liability