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South Africa: Eastern Cape High Court, Makhanda
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2024
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[2024] ZAECMKHC 50
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Le Grange v Minister of Police (CA42/2023) [2024] ZAECMKHC 50 (22 March 2024)
IN
THE HIGH COURT OF SOUTH AFRICA
(EASTERN
CAPE DIVISION, MAKHANDA)
NOT
REPORTABLE
CASE
NO. CA42/2023
In
the matter between:
WINSTON
ZAYNE LE GRANGE
Appellant
and
MINISTER
OF POLICE
Respondent
EX
TEMPORE JUDGMENT
IN
RESPECT OF APPEAL
THE
COURT
[1]
We have had regard to the record, the appellant's notice of appeal
and the substantial heads of argument filed on his behalf.
[2]
The respondent has chosen not to file heads of argument and on 19
March 2024 filed a notice to abide this court's decision.
[3]
We are satisfied that the appeal notice raises meritorious grounds
which have been well traversed and articulated in Mr. McKenzie's
heads of argument.
[4]
In short we conclude that the appellant has made out a case for the
judgement and order of the court below to be set aside and replaced
with the order as proposed by Mr. McKenzie in his heads of
argument.
[5]
We are also satisfied that the quantum has been reasonably and fairly
computed with reference to comparable awards highlighted by Mr.
McKenzie in the heads of argument and that the amount claimed
adequately reflects the damages that ought to be awarded to a
plaintiff in circumstances such as the appellant found himself.
[6]
The amount of damages is further also notably justified in our view
(as is the costs award on a punitive scale) having regard to the
presence of malice and the abuse of power shown on the part of
the
defendant’s employee in the peculiar circumstances of the
matter.
[7]
In the result, it is ordered that:
1.
The appeal is upheld, with costs.
2.
The Order of the court
a
quo
is set aside and substituted with
the following:
“
(1)
The Defendant is ordered to pay to the Plaintiff general damages in
the sum of R151 850.00.
(2)
Interest a tempore morae on the
above amount, calculated at the prevailing prescribed mora interest
rate of 7.75% per annum, calculated
from date of service of summons
to date of final payment; and
(3)
Costs of suit, on an attorney and client scale, to be paid within
fourteen (14) days after taxation.”
3.
Should any party require comprehensive
reasons for this order, such party shall file a request for same
within fifteen (15) days
hereof.
B
HARTLE
JUDGE
OF THE HIGH COURT
I
AGREE,
F
PRETORIUS
ACTING
JUDGE OF THE HIGH COURT
DATE OF APPEAL
22 March
2024
DATE OF JUDGMENT
22 March
2024
Appearances:
For the
Appellant:
Mr. P McKenzie
of Peter McKenzie Attorneys c/o NN Dullabh & Co, Makhanda
(ref. Mr. McKenzie
For the
Respondent:
Mr. Jele of the
Office of the State Attorney, Gqeberha (ref. Mr. Jele)