Unathi Mantashe v Minister of Police

The plaintiff, a student at Ntombozuko FET College, alleged that on or about 8 March 2016 she was unlawfully assaulted by a member of the South African Police Service during a period of student unrest at the college. She testified that a police officer struck her with a baton, continued the assault after she fell to the ground, and only stopped after other students intervened. She sustained a swollen arm and bruising, diagnosed as soft tissue injuries at Madwaleni Hospital. The defendant denied that the police assaulted her, contending instead that security guards were involved in a physical altercation with students who refused to vacate the premises and that the police merely intervened.

Judgment was granted in favour of the plaintiff. The defendant was ordered to pay R80 000 in general damages for wrongful assault, together with interest from 14 days after judgment, and to pay the plaintiff’s costs on Scale A under the Uniform Rules of Court.

The case reinforces the application of the Stellenbosch Farmers’ Winery approach to mutually destructive versions in civil trials and confirms that the Minister of Police may be held liable for unlawful assaults by SAPS members. It also underscores the constitutional duty of police officers to respect and protect the right to freedom and security of the person, even in the context of protests and public disorder.