Minister of Police v Nobuhle Sondlo obo Luther Mpetsheni

The respondent, acting on behalf of her minor son, instituted an action for damages against the Minister of Police and the Enoch Mgijima Municipality arising from the unlawful arrest, detention and assault of her son. The minor was initially assaulted by traffic officers and thereafter assaulted, arrested and detained by members of the South African Police Service. On 8 August 2024 the High Court found the Minister of Police liable for damages for unlawful arrest, detention and assault committed by SAPS members after the traffic officers had left, while the municipality was absolved from liability. The Minister of Police applied for leave to appeal, contending inter alia that the court decided the matter on an unpleaded assault, that the damages awarded were excessive, and that costs should have been awarded on the Magistrates’ Court scale.

The application for leave to appeal was dismissed with costs.

The judgment underscores the approach South African courts take in interpreting pleadings holistically and focusing on the real issues between the parties, particularly in delictual claims involving police misconduct. It also reaffirms the high threshold for obtaining leave to appeal and the deference afforded to trial courts in assessing damages and costs, especially where constitutional rights such as dignity and freedom are implicated.