Min of Police v Mboweni [2014] ZASCA 107 (5 September 2014)

 Minister of Police v Mboweni [2014] ZASCA 107

Facts

Mr. Wisani Mahlati was arrested by the police and detained at the Ritavi police station. During his detention, two other prisoners in his cell assaulted him. The police did not detect the assault or do anything to prevent it. Mr. Mahlati died five days later from the injuries he sustained in the assault.

Mr. Mahlati's wife, Ms. Vonganai Sharon Mboweni, and their daughter sued the Minister of Police for damages, alleging that the police had breached their duty of care to Mr. Mahlati.

The High Court found in favor of the plaintiffs and awarded them damages. The Minister of Police appealed to the Supreme Court of Appeal (SCA).

Issues

The main issue in the case was whether the police had breached their duty of care to Mr. Mahlati.

Reasons

The SCA held that the police had breached their duty of care to Mr. Mahlati. The court reasoned that the police had a duty to protect Mr. Mahlati from harm while he was in their custody. The court also held that the police had failed to take reasonable steps to protect Mr. Mahlati from the assault.

The court noted that the police had been aware of the risk of assault in the cell where Mr. Mahlati was being held. However, the police had failed to take any steps to mitigate the risk. For example, the police had not separated Mr. Mahlati from the other prisoners in the cell.

The court also held that the police had failed to respond adequately to the assault on Mr. Mahlati. The police had not intervened to stop the assault and they had not provided Mr. Mahlati with medical assistance after the assault.

Conclusion

The SCA dismissed the Minister of Police's appeal. The court upheld the High Court's finding that the police had breached their duty of care to Mr. Mahlati and the court affirmed the High Court's award of damages to the plaintiffs.

Summary

The case of Minister of Police v Mboweni is a significant case in South African law. It is one of the first cases in which the SCA has considered the liability of the police for the death of a person in police custody.

The SCA's decision in Minister of Police v Mboweni is based on the following principles:

• The duty of care owed by the police to persons in their custody: The court held that the police have a duty to protect persons in their custody from harm. This duty is based on the principle that the police are in a position of control over persons in their custody and that they have a responsibility to ensure that those persons are safe.
• The standard of care required of the police: The court held that the police must exercise reasonable care to protect persons in their custody from harm. This means that the police must take all reasonable steps to prevent persons in their custody from being harmed.
• The liability of the police for the death of a person in police custody: The court held that the police will be liable for the death of a person in police custody if they breach their duty of care to that person and the breach of duty causes the person's death.

The SCA's decision in Minister of Police v Mboweni has a number of implications. First, it means that the police are now more accountable for the safety of persons in their custody. Second, the decision means that the police must take more proactive steps to protect persons in their custody from harm. Third, the decision means that the police are now more likely to be held liable for the death of a person in police custody.

The decision has been welcomed by some commentators, who argue that it is a victory for human rights and the rule of law. However, other commentators have criticized the decision, arguing that it will make it more difficult for the police to do their jobs and that it will lead to an increase in compensation claims against the police.

Overall, the decision in Minister of Police v Mboweni is a significant case in South African law. It is likely to have a lasting impact on the relationship between the police and the public.

Additional Considerations

The decision in Minister of Police v Mboweni also raises a number of other considerations, such as:

• The impact of the case on the police: The decision is likely to have a significant impact on the police. Police officers will now need to be more careful to protect persons in their custody from harm. Police officers may also be more hesitant to arrest people or detain them in custody, for fear of being sued if something goes wrong.
• The impact of the case on the public: The decision is also likely to have a significant impact on the public.