South Africa Case Law

T.N v Minister of Police (2579/2020)

T.N v Minister of Police (2579/2020) [2024] ZAECMHC 95 (17 December 2024)

Court

Eastern Cape High Court, Mthatha

Case number

2579/2020

Judge

Zono

The court found that the plaintiff was unlawfully arrested on 7 June 2019 by Constable Ginya, who exercised authority and deprived the plaintiff of liberty without reasonable suspicion or justification. The warning statement completed at the police station confirmed the arrest, and the defendant failed to justify the deprivation of liberty. On 2 August 2019, the plaintiff was again arrested by police officers who failed to introduce themselves or inform him of his rights, violating both the substantive and procedural components of his constitutional liberty. The arrest was triggered by compla…

Source excerpt

• Unlawful Arrest
• Wrongful Detention
• Action Iniuriarum
• Constitutional Rights
• Section 40 Criminal Procedure Act
• Damages Liability

Meinthies van Tonder & Basson Registered Accountants & Auditors (77082/2017)

Meinthies van Tonder & Basson Registered Accountants & Auditors (77082/2017) [2022] ZAGPPHC 227 (11 April 2022)

Court

North Gauteng High Court, Pretoria

Case number

77082/2017

Judge

N Janse van Nieuwenhuizen

High Court defamation claim dismissed after holding that an audit memorandum about school administration was not defamatory of the plaintiff.

• Defamation
• Animus Iniuriandi
• Damages
• Action Iniuriarum
• Action-iniuriarum
• Delict

National Director of Public Prosecutions v Swarts (CA 164/2019)

National Director of Public Prosecutions v Swarts (CA 164/2019) [2020] ZAECGHC 64 (17 June 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 164/2019

Judges

O H Ronaasen, D Van Zyl

Appeal dismissed in a wrongful-detention damages case after the court found prosecutorial failures contributed to the respondent’s continued custody before bail.

• Wrongful Detention
• Damages Assessment
• Prosecutorial Duty
• Bail Application
• Action Iniuriarum
• Wrongful-detention

Dlamini v Minister of Police and Another (52293/2015)

Dlamini v Minister of Police and Another (52293/2015) [2017] ZAGPPHC 881 (24 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

52293/2015

Judge

T Brenner

The High Court held that Michael Dlamini’s warrantless arrest and detention until his first court appearance were unlawful because the officer lacked objectively reasonable grounds.

• Unlawful Arrest
• Unlawful Detention
• Action Iniuriarum
• Damages Assessment
• Section 40 Criminal Procedure Act
• Unlawful-arrest

Maffa v Minister of Safety and Security and Another (17532/2013)

Maffa v Minister of Safety and Security and Another (17532/2013) [2016] ZAGPPHC 1103 (1 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

17532/2013

Judge

Brenner

High Court held the plaintiff’s warrantless arrest for suspected child rape was lawful and that the prosecution was not malicious; the damages claim was dismissed.

• Unlawful Arrest
• Malicious Prosecution
• Damages Claim
• Section 40 Criminal Procedure Act
• Action Iniuriarum
• Lex Aquilia

Van Heerden v Bezuidenhout (48145/2011)

Van Heerden v Bezuidenhout (48145/2011) [2014] ZAGPPHC 118 (13 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

48145/2011

Judge

Pretorius

The High Court held the defendant liable for assault, rejecting self-defence, and awarded R15,000 plus costs. It also ordered punitive costs against the defendant’s attorney.

• Action Iniuriarum
• Assault
• Self Defence
• Pain And Suffering
• Self-defence
• Delict