Minister of Police v Dlwathi

The respondent, Mr Steve Dlwathi, a practising advocate at the Johannesburg Bar, was unlawfully assaulted by members of the South African Police Service on 24 June 2005 while they were acting within the course and scope of their employment. He sustained facial and dental injuries, damage to his left ear resulting in hearing loss, soft tissue injuries to his cervical spine, and psychological sequelae including depression. Liability was conceded by the Minister of Police, and the High Court was required to determine quantum only. The High Court awarded R675 000 in general damages for pain, suffering, disfigurement and loss of amenities of life. The Minister appealed to the Supreme Court of Appeal contending that the award for general damages was excessive.

The appeal was upheld in part. The High Court’s award of R675 000 for general damages was set aside and replaced with an award of R200 000. The appellant was ordered to pay the respondent’s costs of appeal.

The case reaffirms that general damages in South African law are compensatory rather than punitive in nature. It underscores the limits of judicial discretion in assessing non-pecuniary damages and clarifies when appellate courts may interfere with such awards. The judgment is particularly important in cases involving unlawful police conduct, emphasising that deterrence and punishment must not be achieved through inflated damages awards.