Minister of Police and Others v Samuel Molokwane

The respondent instituted action in the Gauteng Division of the High Court against the Minister of Police and three police officials for damages arising from his alleged wrongful arrest and assault on 8 February 2014. The summons was served on the Minister and the individual police officials in December 2015, but not on the State Attorney as required by s 2(2) of the State Liability Act 20 of 1957. Default judgment on liability was granted in March 2016. After further procedural steps, the State Attorney entered the proceedings on behalf of all appellants. The appellants later raised special pleas contending that the summons was a nullity due to non-service on the State Attorney, alternatively that the claim had prescribed.

The appeal was dismissed with costs, including the costs of two counsel.

The case clarifies that non-compliance with s 2(2) of the State Liability Act does not automatically invalidate proceedings against an organ of state. It reinforces a purposive, non-formalistic approach to statutory interpretation, aligned with constitutional values and the right of access to courts, and confirms that absence of prejudice is a key consideration. The judgment also affirms that service on the Minister is sufficient to interrupt prescription.