Minister of Police v Mzingeli and Others

The respondents were arrested on 13 September 2009 and charged with housebreaking, theft and murder. The first and third respondents were convicted of theft and sentenced to 12 months’ imprisonment, but all three respondents remained in custody after completion of the sentence pending investigation of the murder charge. They were detained until 24 July 2014, when the murder charge was withdrawn. The respondents instituted delictual claims against the Minister of Police for unlawful arrest and detention (and initially malicious prosecution). Liability was conceded, and only the quantum of general damages remained in dispute. The High Court, by agreement, determined quantum on the basis of a stated case without oral evidence and awarded substantial damages to each respondent.

The appeal succeeded with no order as to costs; the High Court’s order was set aside; the matter was remitted to the High Court for proper determination of the quantum of damages.

The case reaffirms the strict requirements for the use of a stated case under Rule 33 and underscores that courts should not determine disputed unliquidated damages without adequate evidence. It is significant for civil procedure and delictual damages claims against the state, particularly unlawful detention cases, as it cautions against short-circuiting evidentiary requirements in the assessment of quantum.