By Brig Dirk Lambrechts
Photo courtesy of Freepik
Introduction
Mr Private Panana Moje (hereinafter referred to as “Mr Private Moje”) instituted a claim for damages (Afrikaans: “skadevergoeding”) against the Minister of Police before the High Court in Kimberley (hereinafter referred to as “the trial court”), arising from an alleged unlawful arrest and detention. Mr Private Moje’s alleged unlawful arrest and detention happened on 4 May 2019 in the town of Postmasburg*, until 12 November 2019.
[Item A] The trial court’s ultimate judgment consists of a lengthy 143 paragraphs. Accordingly, Pollex will quote some excerpts from the Kimberley High Court judgment (hereinafter referred to as “the judgment”), with the aim that our readers can learn possible lessons from it. By agreement between the parties, the “merits*” of this trial were separated from the “quantum*”.
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[This is only an extract of an article published in Servamus: November 2026. This article is available for purchase.]