The plaintiffs seek damages for malicious prosecution and unlawful arrest and detention. Separate actions were instituted by the two plaintiffs but the matters were subsequently consolidated. In the consolidated proceedings Jeremia Janse van der Walt is referred to as the first plaintiff and Andries Daniël van Wyk is referred to as the second defendant. I will do likewise in the current judgement. Although the allegations in the particulars of claim do not keep the different causes of action clearly separate, the allegations in the pleadings cover the various elements of the plaintiffs’ causes of action. It is not only alleged that the third defendant acted maliciously in laying false charges against the plaintiffs but that the arrest and prosecution of the plaintiffs were malicious and that all the defendants acted “animo iniurandi”. It is alleged that Inspector Phoshoko, the fourth defendant, acted in the course and scope of his employment as a policeman of the SAPS. It is also alleged that the magistrate, Magistrate Mosese, and the prosecutor, Ms Zinn, who were inter alia involved in the first appearances of the plaintiffs subsequent to their arrest, acted at all relevant times "within the course and scope of their employment as judicial officials." These allegations were admitted in both pleas filed on behalf of the first, second and fourth defendants.