Minus Mhlanganiso v Minister of Police

The applicant instituted action against the Minister of Police claiming damages arising from an alleged unlawful arrest and detention by members of the South African Police Service on 6 September 2022 in Mthatha. He was arrested without a warrant, detained for nine days under allegedly inhumane conditions, and appeared in court until his release on bail on 15 September 2022, after which the charges were effectively withdrawn when video evidence showed he was not the perpetrator. The defendant’s plea was struck out, and the applicant applied for default judgment. Despite leading evidence on the arrest and detention, the pleadings did not allege that the police officers acted within the course and scope of their employment so as to found vicarious liability.

The application for default judgment was refused. The plaintiff was granted leave to amend his particulars of claim. No order as to costs was made.

The case underscores that default judgment is not automatic and will be refused where pleadings are defective. It reaffirms the strict pleading requirements for vicarious liability claims against the Minister of Police and emphasises that plaintiffs must allege and prove that police officers acted within the course and scope of their employment.