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Delict [2024] ZAECBHC 37

Banzana v Minister of Police (480/2021)

Banzana v Minister of Police (480/2021) [2024] ZAECBHC 37 (28 June 2024)

The court found the plaintiff and his witnesses credible, consistent, and supported by documentary evidence, including the occurrence book and medical report. The evidence established that SAPS members unlawfully closed the plaintiff's tavern on 23 April 2021 and subsequently assaulted and arrested him on 25 April 2021. The defendant's sole witness, Sergeant Mzukwa, was found evasive and unreliable, with contradictions in his testimony and inability to account for key details. The occurrence book entries corroborated the plaintiff's version of events, and the purported warning notice was foun…

  • Unlawful Arrest
  • Unlawful Assault
  • Vicarious Liability
  • Liquor Licence Enforcement
  • Damages
  • Police Misconduct
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