Masiteng v Minister of Police

The applicant, Mr Ntjanyana Daniel Masiteng, was arrested without a warrant by members of the South African Police Service on 29 September 2019 in Warden, Free State, on an alleged charge of assault with intent to do grievous bodily harm. He was detained for approximately 42 hours in poor and overcrowded conditions and released on 1 October 2019 without appearing in court after the prosecutor declined to prosecute. He instituted a delictual claim against the Minister of Police for unlawful arrest and detention, claiming R210 000. Liability was conceded, and the Regional Court awarded damages of R30 000. His appeal against the quantum was dismissed by the High Court, and subsequent petitions for leave to appeal to the Supreme Court of Appeal were refused, leading to an application for reconsideration under s 17(2)(f) of the Superior Courts Act.

The application for leave to appeal was dismissed with costs.

The case reaffirms the high threshold for reconsideration of refused leave to appeal under s 17(2)(f) of the Superior Courts Act and underscores appellate restraint in interfering with trial court discretion on quantum of damages for unlawful arrest and detention. It also clarifies that Biowatch costs principles do not automatically apply to delictual claims against the State, even where constitutional rights such as liberty are implicated.