Tsele v Minister of Police

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: Hendricks DJP
• Judgment Date: 18 March 2021
• Docket Number: 680/2019
• Hearing Date: 09 March 2021
• Court: North West High Court, Mafikeng
• Citation: 2021 JDR 1755 (NWM)

Hendricks DJP:

[1]

Mr. Omhitlhetse Tsele (1st plaintiff) and Mr. Olebile Tsele (2nd plaintiff) are brothers. They were both arrested on 29th day of November 2018 and released on the 03rd day of December 2018. Subsequent thereto, they instituted an action for damages against the Minister of Police (defendant). Merits were conceded at 100% of the plaintiffs' proven damages and an order to that effect was granted

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by this Court on the 09th day of September 2020. The trial on quantum resumed on the 09th day of March 2020.

[2]

The 1st plaintiff testified and said that he is currently […] years old and he was […] years of age at the time of his arrest. He is unmarried and has no children. He is unemployed but he is doing some informal work ("piece jobs") from time to time, for which he derives an income of approximately R700.00 per month. This may vary and be even more depending on the work done. It can even go up to R 1 200.00 per month. On the morning of the 29th November 2018 after 08H00, the police arrived at his place. They were in uniform and were driving a marked kombi motor vehicle. He was informed that they are arresting him for assault with intent to do grievous bodily harm perpetrated on his mother. He was placed inside the kombi motor vehicle and taken to the Lehurutshe Police Station. They placed him in a holding cell and informed him that they are going to look for his brother, the 2nd plaintiff. Later on they returned with him. At approximately 20H00 they were taken to Groot Marico Police Station where they were detained. They were approximately fifteen (15) in the police cell. They were supposed to appear in court the following day being Friday, the 30th November 2018, but were not taken to court.

[3]

They were detained until Monday, the 03rd December 2018 when they were taken to the District Court at Lehurutshe. When they appeared in court, they were informed that the case against them are withdrawn. They were then released at approximately 10H00. The condition of the cell where they were kept were not good. They had to share one blanket and they slept on the floor. Meals were served but the food was not good. It was mainly porridge and beans as well as tea and bread. They did not have toiletries and shared a face cloth ("waslap") which they got from a fellow inmate. Upon the release of the 1st plaintiff, the people in the community didn't take him well for the bad thing he had allegedly done. He asked to be compensate in the amount of R300 000.00 although in the summons an amount of R500 000.00 is claimed. This he based on the fact that in

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the event of an eventually of him becoming sick as a result of the stay in the police cell, he can use the money. This amount is also for compensation for the humiliation that he suffered.

[4]

The evidence of the 1st plaintiff is to a large extend corroborated by the evidence of the 2nd plaintiff. There are however some differences. Unlike the 1st plaintiff, the 2nd plaintiff was arrested at about 14H30 in the afternoon of the 29th day of November 2018. They then spend the time together in the police cells at Lehurutshe Police Station and at Groot Marico Police Station. His personal circumstances also differ from that of the 1st plaintiff. He is […] years of age, unmarried but have six (6) children. He is also unemployed. When he was arrested, he was looking after his three (3) year old child at home. His child who was by then twelve (12) years old came to him and informed him that the police are looking for him (2nd plaintiff). He was arrested and placed at the back of the police van. He was alone. He was then taken to Lehurutshe Police Station where he met his brother, the 1st plaintiff. The rest of his evidence tallies with that of the 1st plaintiff. Like the 1st plaintiff, he also claims compensation in the amount of R300 000.00 for what he had to endure and suffered, although an amount of R500 000.00 is claimed in the particulars of claim attached to the summons.

[5]

Mr. Gura on behalf of the 1st and 2nd plaintiffs submitted that an amount of R300 000.00 as compensation for damages suffered is reasonable, as testified to by each of the respective...