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South Africa decisions
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Manqele v Baloyi Masango Inc Attorneys and Others (896/2023) [2025] ZAMPMBHC 75 (12 August 2025)
The High Court dismissed a defamation claim over an investigative municipal report, finding qualified privilege, no unlawful publication, and no proof of malice.
Khuza and Another v Khanyiwe (5009/2018) [2025] ZAECMHC 15; [2025] 2 All SA 463 (ECM) (4 March 2025)
The court found that the utterances made by the first appellant accusing the respondent of theft occurred in the context of an employment investigation into missing municipal refuse plastic bags. The first appellant was acting in his official capacity as superintendent, and the statements were made during meetings with supervisors and in the course of disciplinary proceedings. The court held that these circumstances constituted a qualified privileged occasion, negating any presumption of animus iniuriandi. The respondent pleaded guilty to gross dishonesty in the disciplinary process, further…
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Ncube and Another v National Director of Public Prosecutions (6017/2022) [2025] ZAGPJHC 73 (3 February 2025)
Leave to appeal was refused in a malicious prosecution matter, the court finding no reasonable prospects of success on the evidence before it.
Koji v Director of Public Prosecutions (628/2018) [2024] ZANWHC 297; [2025] 1 All SA 680 (NWM) (5 December 2024)
The court found that at the time the National Prosecuting Authority decided to prosecute Koji, there was no affidavit or evidence in the docket that could establish reasonable and probable cause. The key statements relied upon by the prosecution were either not commissioned or only commissioned after the prosecution was initiated, and thus could not have formed the basis for the decision to prosecute. The additional witness statements were also commissioned after the fact. The prosecutors could not have subjectively or objectively believed in Koji's guilt, and their conduct amounted to acting…
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Sokhela v Minister of Police and Others (22/24189) [2024] ZAGPJHC 1159 (13 November 2024)
The High Court granted absolution from the instance on a malicious prosecution claim, finding no proof of malice and that prosecutors acted on reasonable cause.
Nortje v Du Toit (AR414/2023) [2024] ZAKZPHC 97 (1 November 2024)
High Court appeal in a discovery dispute was dismissed because the refusal to compel further discovery was not appealable and the requested documents were irrelevant.
Dlamini v Ntuli and Others (Leave to Appeal) (D4845/2015) [2024] ZAKZDHC 66 (2 October 2024)
The High Court refused the fourth defendant’s application for leave to appeal, holding that the transcript was admitted by consent and the appeal had no merit.
National Director of Public Prosecutions v Sijoyi Robert Mdhlovu (194/2023) [2024] ZASCA 85; 2024 (2) SACR 331 (SCA) (3 June 2024)
The Supreme Court of Appeal found that the respondent failed to discharge the onus of proving the essential elements of malicious prosecution. The evidence available to the DDPP at the time of the decision to prosecute, including statements from the investigating officer, confessions, and corroborating affidavits, established reasonable and probable cause. The DDPP acted after extensive consultation and with written confirmation from the DPP, demonstrating a diligent and good-faith effort. The subsequent discharge of the respondent did not negate the existence of reasonable and probable cause…
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Mulaudzi v Minister of Safety and Security and Others (1088/2016; 1700/2019) [2024] ZALMPTHC 23 (14 February 2024)
The court found that the NDPP had reasonable and probable cause to prosecute the plaintiffs based on the evidence available at the time, including extra-curial statements implicating both plaintiffs. The prosecution was not actuated by malice, and the plaintiffs failed to establish the necessary elements for malicious prosecution. The deprivation of liberty before first appearance was due to police arrest, not the NDPP's conduct. Detention after conviction and sentencing resulted from judicial acts, breaking the chain of causation. The overturning of convictions by the SCA was based on the we…
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Jwili v Minister of Police and Another (19020/17) [2024] ZAGPJHC 75 (29 January 2024)
The High Court dismissed claims for malicious prosecution, negligent prosecution, and further detention, finding no proven malice or liability after arrest.
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