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South Africa decisions
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Mkhabela v Minister of Police and Another (829/2023) [2025] ZAMPMBHC 71 (6 August 2025)
The High Court found the plaintiff’s arrest, detention, and prosecution unlawful, awarding damages against the police and prosecutor.
Ndhamini v Minister of Police and Another (1655/2020) [2025] ZAMPMBHC 72 (6 August 2025)
The court found that the formal arrest was effected by Sergeant Mkhabela, who failed to establish the jurisdictional facts required by section 40(1)(b) of the Criminal Procedure Act, rendering the arrest unlawful. The subsequent detention was also unlawful, as the police did not justify the necessity for continued detention. The court applied the principles of legal causation and found that the police conduct was closely linked to both pre- and post-court appearance detention, making the first defendant liable for the entire period. The claim for malicious prosecution failed, as the plaintiff…
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Mdluli v Minister of Police (1928/2023) [2025] ZAMPMBHC 55 (18 June 2025)
The High Court awarded damages for unlawful arrest, detention, and assault by police, finding two days’ detention and limited assault proved on the evidence.
Jacobs v Minister of Police and Others (2021/6576) [2025] ZAGPJHC 722 (12 June 2025)
The High Court held that a warrantless arrest and 26-hour detention were unlawful after video evidence contradicted the officers’ version. Defamation claim dismissed.
Jacobs v Minister of Police and Others (16649/2020) [2025] ZAGPJHC 579 (6 June 2025)
The court found that the plaintiff's arrest and detention were unlawful, as the police failed to exercise proper discretion and did not provide reasonable grounds for suspicion. The subsequent detention, up to the bail hearing, was also unlawful, as there was no proper judicial consideration of the plaintiff's continued incarceration. The plaintiff's constitutional rights under section 12 were violated, and he suffered significant emotional and reputational harm. The court considered recent case law on damages for unlawful detention and determined that a fair and appropriate award, reflecting…
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Newnet Properties (Pty) Ltd t/a Sunshine Hospital v Road Accident Fund and Another (062312/2024) [2025] ZAGPPHC 561 (22 May 2025)
The court found that the statement made by the second respondent on 15 March 2024, accusing the applicant of involvement in a corrupt scheme and overcharging, was clear, unequivocal, and defamatory. The respondents failed to provide sufficient factual basis or evidence to support their defences of truth, public interest, or fair comment. The answering affidavit was vague and lacked detail regarding the investigative reports allegedly relied upon. Applying the Plascon-Evans test, the court rejected the respondents' version as untenable. The continued publication of similar statements by the re…
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Malatjie and Others v South African Custodial Management (Pty) Ltd (834/2021) [2025] ZALMPTHC 8 (14 April 2025)
The court found that the first plaintiff, Ronny Malatjie, was assaulted by a correctional officer (Munyai) on 30 April 2021, as evidenced by medical reports and corroborated testimony. However, the extent of the assault was exaggerated; only a slap and restraint were proved, not the alleged kicking or severe beating. The claim for constitutional damages was dismissed, as common law damages suffice to vindicate the rights infringed. The secondary plaintiffs failed to prove actionable emotional shock, as no psychiatric injury was diagnosed and their symptoms did not meet the legal threshold. Th…
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Hlatshwayo v Multichoice South Africa and Others (2021/27076) [2025] ZAGPJHC 364 (28 March 2025)
The High Court upheld exceptions to defamation particulars that were vague and embarrassing, granted condonation for late filing, and dismissed a Rule 30 application.
Van Der Zee v Minister of Police and Another (36/2019) [2025] ZALMPPHC 34 (20 February 2025)
The High Court dismissed a damages claim for alleged unlawful arrest and detention after finding the plaintiff failed to prove she was arrested or detained.
Makgoba v Minister of Police and Another (1339/2017) [2024] ZALMPTHC 34 (19 November 2024)
The High Court set damages at R180,000 for malicious prosecution after the plaintiff’s liability had already been established, with interest and costs.
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