The Minister of Police and Another v Ramabanta

Mr Khotso Julius Ramabanta was arrested on 27 February 2019 and detained until 20 March 2019, when the charges against him were withdrawn. He instituted an action for damages against the Minister of Police and the National Director of Public Prosecutions (NDPP) for unlawful arrest, detention and malicious prosecution. The trial court dismissed his claims, finding the arrest lawful under s 40(1)(b) of the Criminal Procedure Act and no malicious prosecution. On appeal, the Free State High Court (full court) upheld his appeal and awarded damages of R70 000 against the Minister of Police and R650 000 against the NDPP. The NDPP petitioned the Supreme Court of Appeal (SCA) for special leave to appeal against the award, which was refused. The NDPP then applied for reconsideration of the refusal of special leave under s 17(2)(f) of the Superior Courts Act.

The application for reconsideration in terms of s 17(2)(f) of the Superior Courts Act was dismissed with costs, including the costs of two counsel where so employed.

The case reaffirms the strict and exceptional nature of reconsideration under s 17(2)(f) of the Superior Courts Act. It clarifies that the provision is not a mechanism for a second attempt at appeal but a safeguard against manifest injustice. The judgment consolidates SCA and Constitutional Court jurisprudence on the limited powers of the President of the SCA and the high threshold litigants must meet to reopen refusals of special leave to appeal.