Bhima v Minister of Police (A396/16)
Bhima v Minister of Police (A396/16) [2017] ZAGPPHC 721 (6 November 2017)
The appeal was dismissed because the appellant failed to prove on a balance of probabilities that the persons who mistreated him were members of the SAPS. The trial court's adverse credibility finding against the appellant was justified, particularly regarding his evidence of identifying 'L Thokwe' as one of the assailants. The appellant's failure to mention the name in his initial police statement, the absence of corroborating witnesses, and inconsistencies in his account undermined his credibility. The evidence did not demonstrate that SAPS members were responsible for the mistreatment. The…
Source excerpt
- Vicarious Liability
- Onus Of Proof
- Identification Of Perpetrator
- Credibility Of Witnesses