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South Africa Case Law

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Administrative Law [2025] ZAMPMBHC 40

Sibanyoni v Speaker of City of Mbombela and Others (2107/2025)

Sibanyoni v Speaker of City of Mbombela and Others (2107/2025) [2025] ZAMPMBHC 40 (13 May 2025)

The High Court struck an urgent application off the roll, finding the applicant failed to show explicit urgency or lack of substantial redress in due course.

  • Declaratory Relief
  • Abuse Of Public Power
  • Urgency In Motion Court
  • Substantial Redress
  • Costs Award
  • Urgency-in-motion-court
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Civil Procedure [2017] ZAECMHC 32

Gasa v Minister of Police (368/2015)

Gasa v Minister of Police (368/2015) [2017] ZAECMHC 32 (8 August 2017)

The court found that the plaintiff was arrested without a warrant and not in possession of the firearm, which was found on another individual. The arresting officers failed to specify the traffic offence and did not know the applicable regulation. The defendant did not discharge the onus to justify the lawfulness of the arrest and detention. The plaintiff's constitutional rights to liberty were violated by the arbitrary exercise of public power. The plaintiff was detained for nine days without lawful justification, and the state’s initial opposition to bail was found to be grossly negligent.…

  • Wrongful Arrest
  • Unlawful Detention
  • Damages Assessment
  • Abuse Of Public Power
  • Constitutional Rights Violation
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Civil Procedure [2017] ZAECMHC 9

Mlilwana v Minister of Police (2212/2012)

Mlilwana v Minister of Police (2212/2012) [2017] ZAECMHC 9 (22 May 2017)

The High Court found the plaintiff’s arrest and detention unlawful because police relied on an unverified pointing-out without reasonable suspicion.

  • Unlawful Arrest And Detention
  • Constitutional Right To Freedom
  • Abuse Of Public Power
  • Damages For Unlawful Detention
  • Unlawful-arrest-and-detention
  • Reasonable-suspicion
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.