The Appellant is appealing against the dismissal with costs by the court a quo (Magistrate Mkanzi in the Magistrate's Court, Pretoria) on 4 September 2012 of his claim against the Respondent for damages for unlawful arrest, assault and detention by the members of the South African Police Services ("SAPS").

The salient facts are that on 2 June 2009, Appellant, a medical officer, was arrested at a Roadblock in Centurion during an altercation that ensued between him and two members of the SAPS, one N Mdluli and A Legoro (hereinafter referred to as ("Mdluli") and ("Legoro"). He was detained at Lyttelton and charged with crimen inuiria, for having called Mdluli a "kaffir", also with the negligent handling of a firearm, for leaving his gun in the car unattended, interfering with the  police duties and disturbing the  police officers whilst carrying out their duties. After 3.4 hours of his detention, he was released and warned to appear in court on 3 June.2009, A further court appearance was set down on 10'June'2009 Appellant  paid an admission of guilt fine on the charge of crimen inuiria and the other two charges were withdrawn.