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Cape Town - Technical hurdles have hampered a damages claim which alleged leader of the Wonder Kids gang, Christopher “Ougat” Patterson, has instituted against two cabinet ministers.
The latest blow came in the form of a judgment handed down in the Western Cape High Court. Patterson was arrested for murder in October 1998. The charge was withdrawn days later only to be reinstated in August 2001. A trial ensued and on September 12, 2003, after the State closed its case, Patterson was discharged. A year later he instituted the action against the ministers of safety and security and of justice in 2004, claiming damages for unlawful arrest and detention, as well as malicious prosecution.
However, the ministers delivered a special plea in which they argued the claim was instituted outside of the three-year prescription period, it was not instituted within the period provided for in the South African Police Service Act, and Patterson did not give them notice of his intention to sue. Patterson turned to the court to ask it to condone his failure to give notice. Condonation was granted.
The ministers again raised the prescription claim. However, their efforts failed after Patterson’s lawyers argued the prescription issues had already been dealt with.
The ministers took the matter on appeal to a full bench of the High Court. The appeal was upheld.
Weekend Argus
