IN THE REGIONAL COURT FOR THE REGIONAL DIVISION OF LIMPOPO

HELD AT GIYANI

Case Number: LP/GY/RC______/2020

In the matter between:

MARINGA NHLONIPHO LEON PLAINTIFF

And

MINISTER OF POLICE DEFENDANT

COMBINED SUMMONS

To the sheriff or his/her deputy:

INFORM

Minister of Police in his/her official capacity as such and an officer with both
political and administrative authority over the south African police services and with
place of business at 231 Pretorius Street 756, 07 th floor Watchthuis Building Pretoria,
0002, c/o State Attorney Polokwane, new High Court Building, Block-B, Second
Floor, Bodenstein Street, in the district of Polokwane in Limpopo province whose full
and further particulars are unknown to the plaintiff (hereinafter referred to as the
“first defendant”).

THAT
MARINGA NHLONIPHO LEON a minor male person born on the 13th day of January
2003 of residing at Mninginisi Village, house and/or stand number 445, in the District of
Giyani, at Limpopo Province. (Hereinafter called the plaintiff) hereby institutes action
against the Defendant in which action the Plaintiff claim the relief and on the
grounds set out in the particulars annexed hereto.

INFORM the defendant further that if he or she disputes the claim and wishes to
defend the action he or she shall:-

(i) Within 20 (twenty) days of the service upon him or her of this summons file
with the Assistant Registrar of this court at GIYANI DISTRICT COURT,
notice of his or her intention to defend and serve a copy thereof on the plaintiff
or plaintiff’s attorney, which notice shall give an address referred to in rule
13(3) for the service upon the defendant of all notices and documents in the
action;

(ii) Thereafter, and within 20 (twenty) days after filing and serving notice of
intention to defend as aforesaid, file with the registrar of the court and serve
upon the plaintiff or plaintiff’s attorneys a plea, exception, notice to strike out,
with or without a counter-claim.

INFORM the defendant further that if defendant fails to file and serve notice as
aforesaid judgement as claimed may be given against him or her without further
notice to him or her, or if, having filed and served such notice, defendant fails
toplead, except, make application to strike out or counter-claim, judgement may be
given against him/her. And immediately thereafter serve on the defendant a copy of
this summons and return the same to the registrar of the court with whatsoever you
have done thereupon.

DATE at………………………… this………….day of…………2020

_______________________
ASSISTANT REGISTRAR
COURT – GIYANI
(1) Notice:

(i) Any person against whom a court has, in a civil case, given judgment or made
any order who has not, within 10 days, satisfied in full such judgment or order may
be called upon by notice in terms of section 65A (1) of the Act to appear on a
specified date before the court in chambers to enable the court to inquire into the
financial position of the judgment debtor and to make such order as the court may
deem just and equitable.

(ii) If the court is satisfied that—

(aa) the judgment debtor or, if the judgment debtor is a juristic person, a director or
officer of the juristic person has knowledge of the above-mentioned notice and that
he or she has failed to appear before the court on the date and at the time specified
in the notice; or

(bb) the judgment debtor, director or officer, where the proceedings were
postponed in his or her presence to a date and time determined by the court, has
failed to appear before the court on that date and at that time; or

(cc) the judgment debtor, director or officer has failed to remain in attendance at
the proceedings or at the proceedings so postponed, the court may, at the request
of the judgment creditor or his or her attorney, authorise the issue of a warrant
directing a sheriff to arrest the said judgment debtor, director or officer and to bring
him or her before a

competent court to enable that court to conduct a financial inquiry. [Section 65A (6)
of the Act]

(iii) Any person who—

(aa) is called upon to appear before a court under a notice in terms of section 65A
(1) or 65A (8) (b) of the Act (where the sheriff, in lieu of arresting a person, hands
to that person a notice to appear in court) and who wilfully fails to appear before the
court on the date and at the time specified in the notice; or

(bb) where the proceedings were postponed in his or her presence to a date and
time determined by the court, wilfully fails to appear before the court on that date
and at that time; or

(cc) wilfully fails to remain in attendance at the relevant proceedings or at the

proceedings so postponed, shall be guilty of an offence and liable on conviction to a
fine or to imprisonment for a period not exceeding three months. [Section 65A (9) of
the Act]

(iv) On appearing before the court on the date determined in the notice in terms of
section 65A(1) or (8)(b) of the Act in pursuance of the arrest of the judgment
debtor, director or officer under a warrant referred to in section 65A(6) of the Act or
on any date to which the proceedings have been postponed, such judgment debtor,
director or officer shall be called upon to give evidence on his or her financial
position or that of the juristic person and his or her or its ability to pay the judgment
debt. [Section 65D of the Act]

(v) Any person against whom a court has, in a civil case, given any judgment or
made any order who has not satisfied in full such judgment or order and paid all
costs for which he or she is liable in connection therewith shall, if he or she has
changed his or her place of residence, business or employment, within 14 days from
the date of every such change notify the assistant registrar of the court who gave
such judgment or made such order and the judgment creditor or his or her attorney
fully and correctly in writing of his or her new place of residence, business or
employment, and by his or her failure to do so such judgment debtor shall be guilty
of an offence and liable upon conviction to a fine or imprisonment for a period not
exceeding three months. [Section 109 of the Act)]
*CONSENT TO JUDGEMENT

I admit that I am liable to the plaintiff as claimed in this summons (or in the amount
of R…………….. and costs to date) and I consent to judgement accordingly.
Dated at…………………this…………………… day of……………………… 2020

Defendant

WITNESSES:

1.____________________________________ Signature:_____________________
Full Names
Address:______________________________________________________
______________________________________________________________

2.____________________________________ Signature:_____________________
Full Names
Address:_______________________________________________________
______________________________________________________________

OR

*NOTICE OF INTENTION TO DEFEND

To the Registrar/Assistant Registrar

Kindly take notice that the defendant hereby notifies his or her intention to defend
this action.

Dated at____________________ this_________ day of____________2020

______________________
Defendant/Defendant’s Attorneys

15 km physical address from the Court-house for acceptance of service of process or

documents
____________________________________________________________________
_________________________________________________________________

Postal address

___________________________________________________________________
Facsimile (fax) number (where available)_________________________________
Electronics mail (email) address (where available)____________________________

(Give full address for acceptance of service of process or documents within fifteen
(15) kilometres from the Court-house and also the postal address).

*The original notice must be filed with the registrar of the court and a copy thereof
served on the plaintiff or plaintiff’s attorneys

Costs if the action is undefended will be as follows:-

Summons R (to be added)

Judgement R (to be added)
Sherriff’s fees R (to be added)
Sherriff’s fees on re-issue R
Total R
DATED AT GIYANI ON THIS 14TH DAY OF JANUARY 2020

______________________________
SBUSISO MNGUNI ATTORNEYS
ATTORNEYS FOR THE APPLICANT
LIMDEV BUILDING, FIRST FLOOR
OFFICER NO: 29
P.O Box 100, GIYANI, 0826
CELL: 0784737264
EMAIL: sbusisomnguniattorneys@gmail.com
Ref: SEM/MARINGA/19

To : ASSISTANT REGISTRAR PER HAND

REGIONAL COURT
GIYANI

AND TO: MINISTER OF POLICE per sheriff

231 Pretorius Street 756,
07th floor Watchthuis Building
Pretoria, 0002,
c/o State Attorney Polokwane,
new High Court Building,
Block-B, Second Floor,
Bodenstein Street
Polokwane
PARTICULARS OF CLAIM

1.

MARINGA NHLONIPHO LEON a minor male person born on the 13th day of January
2003 of residing at Mninginisi Village, house and/or stand number 445, in the District of
Giyani, at Limpopo Province.

2.

Defendant is MINISTER OF POLICE in his/her official capacity as such and an officer

with both political and administrative authority over the South African Police Services and
with place of business at 231 Pretorius Street 756, 07 th floor Watchthuis Building Pretoria,
0002, c/o New High Court Building, Block-B, Second Floor, Bodenstein Street, in the
district of Polokwane in Limpopo province whose full and further particulars are unknown to
the plaintiff.

3.

The above Honourable Court has jurisdiction in the matter in that the whole cause of action
arose within its area of jurisdiction on the following basis:

3.1 The plaintiff was arrested at or near Giyani Police station which is in the district of
Giyani in Limpopo Province.

3.2 The plaintiff was detained in the Police Cells at Giyani Police Station which is
situated in the district of Giyani in Limpopo province.

4.
At all material times relevant hereto, members of the South African Police Services were
acting during the course and within the scope of their employment as employees of the
defendant. The defendant is therefore vicariously liable for the conduct of the said members
of the South African Police Services.

5.

5.1 On or about 14th day of October 2019 and at or near Giyani police station in the
district of Giyani in Limpopo Province the plaintiff was unlawfully arrested by
members of the South African Police Services unknown to the plaintiff.

5.2. The Plaintiff’s unlawful arrest and detention occurred after it was alleged by members
of the SAPS that the Plaintiff committed a crime of public violence.

5.3. The Plaintiff did not appeared at any Court of law after the said arrest but was released
the following day (15 October 2019).

5.4. The Plaintiff was kept in Giyani Police Station cells for a period of one (01) day
without committing crime (14 October 2019 to 15 October 2019)

6.

Upon the effecting unlawful arrest, the Plaintiff (who was a minor and same was
communicated to the members of the SAPS) did not conduct a preliminary report or take the
Plaintiff to a Social Worker.

7.

The Plaintiff was subsequently detained with more than 30 suspected criminal offenders who
most if not all were adult males in one holding cell at Giyani police station.

8
The Plaintiff was kept in the holding cell to which its conditions were inhuman, dirty, smelly
and degrading to the Plaintiff

9.

Consequent to the aforesaid, the plaintiff suffered damages in the sum of R400 000-00
calculated as follows:

16.1 UNLAWFUL ARREST

1. The plaintiff was arrested by members of South African Police Services. The arresting
officers were acting during the course and within the scope of employment as
employees of the defendant. The said arrest was effected without a warrant of arrest.

2. The Plaintiff was arrested without valid and reasonable ground to effect such an arrest
and the Plaintiff was equally arrested for a crime he did not commit, Consequently,
the plaintiff suffered damages in the sum of R200 000-00 which damages are
temporal in nature.

16.2 UNLAWFUL DETENTION

1. Consequent to the aforesaid unlawful arrest, the plaintiff was detained in the Giyani
police station for a period of one day

2. The plaintiff’s detention was unlawful in that he was detained without just cause since
there was no complainant, the plaintiff did not commit any offence and
Consequently the plaintiff suffered damages in the sum of R200 000-00 which
damages are temporal in nature.

10.
Despite lawful demand made to the Defendant by the Plaintiff as required by law, the
Defendant has since refused, failed and/or neglected to effect payment as per the demand

11.

The Plaintiff shall within seven (07) days upon issuing the summons send copy of the
summons to the state Attorney as prescribed and required in terms of section 2 (2) of Act 20
of 1957.

WHEREFORE the Plaintiff prays for judgment against the Defendant as follows

1. Payment of the sum of R400 000.00

2. Interest of the capital amount calculated from the date of judgment per the current
interest rate
3. Costs of suite

DATED AT GIYANI ON THIS 14TH DAY OF January 2020

______________________________
SBUSISO MNGUNI ATTORNEYS
ATTORNEYS FOR THE APPLICANT
LIMDEV BUILDING, FIRST FLOOR
OFFICER NO: 29
P.O Box 100, GIYANI, 0826
CELL: 0784737264
EMAIL:
sbusisomnguniattorneys@gmail.com
Ref: SEM/MARINGA/19
To: ASSISTANT REGISTRAR PER HAND
REGIONAL COURT
GIYAN\I

AND TO: MINISTER OF POLICE per sheriff

231 Pretorius Street 756,
07th floor Watchthuis Building
Pretoria, 0002,
c/o State Attorney Polokwane,
new High Court Building,
Block-B, Second Floor,
Bodenstein Street
Polokwane