Minister of Police v Thamsanqa Ronny Miya

The respondent, Mr Miya, sued the Minister of Police and the National Director of Public Prosecutions for damages arising from his alleged unlawful arrest and three-day detention by police officials on 19 December 2017. Summons was issued on 5 May 2019 and served on the State Attorney on 7 May 2019, but not served on the head of the Department of Police as required by s 2(2)(a) of the State Liability Act 20 of 1957. The statutory notice in terms of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 was properly served on the Minister. The State Attorney entered an appearance to defend on behalf of the Minister and the NDPP. Nearly two years later, the Minister raised a special plea contending that the failure to serve the summons on the Minister rendered it a nullity and, alternatively, that the claim had prescribed.

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

This judgment reinforces a purposive and constitutionally aligned interpretation of the State Liability Act, confirming that technical non-compliance with service requirements will not defeat otherwise valid claims where the purpose of the statute has been fulfilled. It affirms and extends the reasoning in Minister of Police v Molokwane and strengthens access to courts under s 34 of the Constitution by rejecting overly formalistic defences by organs of state.