South Africa Case Law

Mahlanza v Minister of Police (EL1326/2017)

Mahlanza v Minister of Police (EL1326/2017) [2019] ZAECELLC 32 (26 November 2019)

Court

Eastern Cape High Court, East London Local Court

Case number

EL1326/2017

Judge

M.S. Jolwana

The court found that the arresting officer failed to exercise her discretion properly when executing the warrant of arrest. Instead of considering less invasive means, such as warning the applicant to attend court the following day, the officer proceeded with a public and humiliating arrest, disregarding the applicant's rights and the Standing Orders. The operation was influenced by extraneous factors, including women's month celebrations, and resulted in unnecessary humiliation and detention. The applicant's fixed residence, employment, and willingness to cooperate were ignored. The arrest a…

Source excerpt

• Unlawful Arrest
• Abuse Of Police Power
• Discretion In Execution Of Warrant
• Dignity And Humiliation
• Damages For Unlawful Detention

Moses v Minister of Safety And Security (6983/2013)

Moses v Minister of Safety And Security (6983/2013) [2015] ZAGPJHC 35 (20 February 2015)

Court

South Gauteng High Court, Johannesburg

Case number

6983/2013

Judge

Baloyi

The High Court found both arrests and detentions of the plaintiff unlawful, rejecting the police version and awarding damages for arbitrary deprivation of liberty.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Personal Liberty
• Abuse Of Police Power
• Unlawful-arrest

Coe v Minister of Safety and Security and Others (627/2011)

Coe v Minister of Safety and Security and Others (627/2011) [2011] ZAWCHC 117 (20 January 2011)

Court

Western Cape High Court, Cape Town

Case number

627/2011

Judge

Desai

The court discharged an urgent rule nisi, criticised the police arrest as apparently abusive, awarded costs to the applicant, and referred the matter for further investigation.

• Urgent Interdict
• Abuse Of Police Power
• Arrest And Detention
• Costs Order
• Urgent-application
• Arrest-and-detention

S v Smith (401/2002)

S v Smith (401/2002) [2003] ZASCA 62; 2003 (2) SACR 135 (SCA) (30 May 2003)

Court

Supreme Court of Appeal

Case number

401/2002

Judges

Marais, Cameron, Mlambo

The Supreme Court of Appeal held that the trial court had not materially misdirected itself in imposing sentence. The court had correctly identified and weighed all relevant factors, including the emotional impact of the videotaped evidence, the appellant's personal circumstances, his remorse, and the aggravating features of the offence. The sentence imposed was not unjust or disturbingly disparate when compared to sentences in similar or more serious cases. The appeal was dismissed as there was no basis for interference with the trial court's discretion.

Source excerpt

• Assault With Intent To Do Grievous Bodily Harm
• Sentencing Principles
• Mitigation And Aggravation
• Abuse Of Police Power

S v Scholtz (545/96)

S v Scholtz (545/96) [1999] ZASCA 2 (26 February 1999)

Court

Supreme Court of Appeal

Case number

545/96

Judges

F H Grosskopf, Nienaber, Schutz

The Supreme Court of Appeal dismissed an appeal against a 25-year murder sentence imposed on a young police officer who abused his authority in a fatal assault.

• Murder
• Sentencing
• Abuse Of Police Power
• Appeal Against Sentence
• Criminal-law
• Appeal-against-sentence