Assault, wrongful arrest claim against police must be heard again, says SCA

When the matter was initially heard, the court decided to separate issues to be determined and decided to first deal with the question of whether police had acted lawfully when they shot Phakula.

Phakula was shot by members of the Special Task Force on the allegation that he was part of an armed gang that had conspired to commit armed robbery at the house of a businessman in Emalahleni , Mpumalanga, on October 26 2010.He was arrested and charged with attempted murder and robbery. In November 2011, Phakula was found not guilty and discharged due to a lack of evidence.

He subsequently instituted proceedings against the minister of police in which he claimed damages arising from the shooting and for his subsequent arrest, assault and detention. “That would also have meant that the high court would not have fallen into the trap, as it did, of making factual findings on one leg instead of all three legs of [Phakula's] claim,” judge of appeal Baratang Mocumie wrote in her judgment.“Ill-considered separation of issues often result in a wastage of scarce resources as has been witnessed in this case,” she said.

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