A Grahamstown man will pocket R30 000 after successfully appealing a judgment made in the Grahamstown Magistrate's Court, which favoured local traffic officer Terrence Bafo.
A Grahamstown man will pocket R30 000 after successfully appealing a judgment made in the Grahamstown Magistrate's Court, which favoured local traffic officer Terrence Bafo.
The magistrate had dismissed with costs a claim of damages for malicious prosecution against Bafo.
The claim was brought by Adrian Ernest Bowles following an altercation between him and Bafo on 4 April 2009. In May 2011, Bowles was acquitted on two charges following his arrest by Bafo in Bathurst Street, in April 2009.
Bafo accused him of swearing at him, pointing his finger at him, hitting his forehead and threatening him, and charged him with resisting arrest and driving without a seatbelt.
Bowles appealed the magistrate's decision in the high court in Grahamstown.
The appeal is against the dismissal of his claims for damages.
The damages claim was premised on the wrongful and unlawful arrest and detention of Bowles by Bafo, who is employed by Makana Municipality.
Neither the municipality nor Bafo was represented when the appeal was called before court and there were no heads of argument filed on their behalf.
The matter was argued on a default basis by Johannes Koekemoer, who appeared for the appellant.
Referring to Bowles's claim for malicious prosecution, Judge Clive Plasket said the summary and conclusion of the magistrate in the case made no sense at all and was devoid of any proper reasons.
"She concluded in a vacuum that 'from the evidence led' it is clear that there was no malice on the part of the second respondent for charging the appellant, but does not explain how she reached such a finding," Judge Plasket said.
In handing down the appeal judgement, which was delivered on 17 May, Judge Plasket ordered that the appeal partially succeeds. He explained that the magistrate’s judgment was altered to read as follows:
1.Bowles succeeds in respect of his claim for wrongful arrest and detention, with costs.
2. He is awarded damages in the sum of R30 000.
3. The claim for malicious prosecution is dismissed, with costs in favour of the defendants. Bowles is granted the costs of the appeal.
