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REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION, JOHANNESBURG

 

CASE NO: 35327/2012

Reportable: No

Of interest to other judges: No

Revised.

 

In the matter between:

MAHENDRA AJOODA                                                                                        PLAINTIFF

and

THE MINISTER OF SAFETY AND SECURITY                                               DEFENDANT

 

JUDGMENT

 

MALI J

[1] On 6 August 2015 the judgment was issued in favour of the plaintiff against the defendant in respect of damages arising of the plaintiff's unlawful arrest. The issue of costs was postponed side die. For background purposes the said judgment is attached.

[2] The arrest was affected by one Sergeant Kgatle. Paragraph 29 (5) of the abovementioned judgment reads as follows:

"Sergeant Kgatle is given 20 days from the date of service upon her of this judgment, in writing, to furnish reasons why she should not be held personally liable for the costs of the action."

[3] I only received Sergeant Kgatle's explanatory affidavit on 5 July 2016, despite the date stamp on the affidavit being 10 November 2015.

[4] After careful consideration of Sergeant Kgatle's affidavit I am persuaded that she had no ulterior motives in arresting the plaintiff. The fact that she arrested the plaintiff with a defective warrant may be dealt with by her employer, the defendant.

[5] Having regard to the above I find that Sergeant Kgatle should not be held personally liable for the costs of action.

 

ORDER

[6] In the result the following order is made:

6.1. The defendant is ordered to pay the costs of the action in the following manner;

6.2. Costs incurred up until the 25 May 2015 to be at party and party scale;

6.3. Costs incurred from 26 to 29 May 2015 to be at attorney and client scale.

 

______________________

N. P. MALI

JUDGE OF THE HIGH COURT

 

Attorneys for the Plaintiff:              Adv Morland

Instructed by:                                Saders Attorneys

Attorneys for the defendant:          Adv Zitha

Instructed by:                                The State Attorney

Date of Judgment:                        2016-10-13

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