Maharaj v Minister of Safety and Security (11275/2012) [2017] ZAKZDHC 38

11th October 2017

Maharaj v Minister of Safety and Security (11275/2012) [2017] ZAKZDHC 38

The plaintiff is Ms Neelka Maharaj a widow born on 8 March 1974 and residing at the time of the incident in Clayfield, Phoenix, KwaZulu-Natal.

The defendant is the Minister of Police.

The plaintiff sues the defendant for R2 167 869 in damages arising from her unlawful arrest, detention and sexual harassment whilst in police custody. Typically the defendant delivered a bare denial plea. In 2016 the defendant conceded the arrest and detention of the plaintiff but denied the sexual harassment.

Despite undertaking to amend its plea at the pre-trial conference the defendant failed to do so. The trial proceeded on the issue of liability only.