South Africa: North Gauteng High Court, Pretoria
Shanika
and Another v Minister of Police (26864/2009) [2014] ZAGPPHC 157
(2 April 2014)
REPUBLIC OF SOUTH AFRICA
GAUTENG
DIVISION OF THE HIGH COURT, PRETORIA
CASE NO: 26864/2009
DATE: 02 APRIL 2014
In the matter
between:
PASTOR
JEREMIA SHANIKA...............................................................1st Plaintiff
GAMEDZE
INVESTMENT CORPORATION CC............................. .2nd Plaintiff
And
MINISTER OF
POLICE........................................................................Defendant
J U D G M E N T
KGANYAGO AJ
[1] The
plaintiffs have instituted an action for damages against the defendant arising
out of an incident which happened on 15 August 2008.
[2] The
first plaintiff alleges that he was wrongfully and unlawfully arrested by the
members of the South African Police Service who were acting within the course
and scope of their employment. He further alleges that he was arrested without
a warrant and detained for 10 days. The plaintiffs further alleges that as a
result of the wrongful and unlawful conduct of the members of the South African
Police Service, they suffered damages for pain and suffering, loss of business
opportunities, loss of profit, deprivation of freedom and discomfort and also
contumelia.
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