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[2013] ZAGPPHC 536
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Van Der Laarse v Minister of Police and Another (31378/2012) [2013] ZAGPPHC 536 (18 October 2013)
IN
THE NORTH GAUTENG HIGH COURT, PRETORIA
(REPUBLIC
OF SOUTH AFRICA)
Case No:
31378/2012
Date: 18 October
2013
Not reportable
Not of interest
to other judges
In the matter
between:
LOUW ERASMUS VAN
DER
LAARSE
....................................................................................
PLAINTIFF
and
THE MINISTER OF
POLICE
...........................................................................................
1
ST
DEFENDANT
CAPTAIN EDWARD
SELLO
SEKELELE
......................................................................
2
nd
DEFENDANT
DATE HEARD 13
th
SEPTEMBER 2013
DATE JUDGMENT
HANDED DOWN: 18
th
OCTOBER 2013
JUDGMENT
EBERSOHN AJ
[1] The plaintiff is
a major male Export Manager, who was employed at the Beit Bridge
Border Post.
[2] The defendants
are the Minister of Police and one Captain Edward Sello Sekelele, a
police officer stationed at the Beit Bridge
Police Station.
[3] On or about
Friday the 21
sl
May 2012 at the Beit Bridge Border Post
the plaintiff was arrested, without a warrant, by the second
defendant who was acting within
the course and scope of his
employment with the first defendant.
[4] The plaintiff
was thereafter detained at the Beit Bridge Police Station and
thereafter at the Musina Police Station from about
17:40 on 21 May
2010 until Monday 24 May 2010 at 9:00 when he was released on bail.
All charges against the plaintiff were later
withdrawn by the Senior
Prosecutor of the cluster.
[5] The plaintiff
thereafter issued summons against the defendants wherein he claimed
R200 000,00 in respect of loss of liberty,
R150 000,00 in respect of
contumelia and injury to his reputation, R58 310,05 in respect of
legal costs to defend himself in court
until the matter was finally
withdrawn on the 17
th
March 2011 and R5 851,96 being for
legal costs regarding his bail application.
[6] The defendants
defended the matter but at the hearing the defendants conceded merits
and the matter was settled and the Court
was only asked to make an
appropriate award of damages.
[7] It is common
cause that the plaintiff was treated very cruelly and under
horrifying circumstances from the moment of his arrest,
which took
place in the presence of acquaintances of him, by the second
defendant and his subordinates. He was detained in a hopelessly
overcrowded container under filthy conditions. He was arrested by the
second respondent who acted as if he was power drunk and
in a
disgraceful display to all those who beheld what was going on. This
Court can only hope that the matter somewhere along the
line receives
attention from some senior officer for the conduct of the second
defendant cannot be left unpunished and he is particularly
unsuited
to be an officer and to be in charge anywhere.
[8] The amounts
claimed by the plaintiff is, for all intents and purposes, reasonable
when compared to the awards made in other
cases, especially when the
gruesomeness of what the police officers did to the plaintiff and the
circumstances under which he was
detained is taken into account.
[9]
The plaintiff was entitled to obtain legal representation and to be
reimbursed and to interest
a
tempore morae.
[ 10] The following
order is made:
1. Judgment is
granted in favour of the plaintiff for the payment by the defendants
to the plaintiff, jointly and severally, payment
by the one absolving
the other, for general damages in the amount of R280 000,00 and for
legal costs incurred in the criminal court,
in the amounts of R58
310,05 and R5 851,96 respectively making a total amount payable of
R344 162,01 with interest thereon at the
rate of 15,5% per annum
calculated from the 20
th
October 2010 to date of payment
of the R344 162,01.
2. The defendants
are ordered to pay the costs of the action, jointly and severally,
payment by the one absolving the other.
P.Z. EBERSOHN
ACTING JUDGE OF
THE HIGH COURT
Plaintiff s counsel:
Adv. M. Naude
Plaintiffs
attorneys: Coxwell Steyn Vise & Naude
Ref. S de
Lange/SA5000
Defendants’
counsel: Not recorded
Defendants’s
attorneys: State Attorney
Ref. G.
Kock/7175/10/Z35 3487/13/Z39