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South Africa decisions
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Londo v Minister of Police (1855/2024) [2025] ZANWHC 122 (22 July 2025)
Undefended High Court judgment finding the plaintiff’s arrest and four-day detention unlawful, with the Minister of Police held liable for R150,000 damages.
detention of Ms N December in the Port Alfred Magistrates Court Cells (CA&R 207/2020), In Re [2020] ZAECGHC 129; 2021 (1) SACR 655 (ECG) (24 November 2020)
The High Court reviewed and set aside a magistrate’s order detaining a candidate attorney in the court cells for alleged disrespect during sentencing proceedings.
Makhokha v S (CCT170/18) [2019] ZACC 19; 2019 (7) BCLR 787 (CC); 2019 (2) SACR 198 (CC) (3 May 2019)
The Constitutional Court held that the Regional Magistrate's order denying parole eligibility for the entire 15-year sentence was both statutorily and constitutionally invalid. Section 276B(1)(b) of the Criminal Procedure Act limits non-parole periods to two-thirds of the sentence or 25 years, whichever is shorter, and the order exceeded this limit. Furthermore, the direction that the 15-year sentence would run consecutively to a life sentence contravened section 39(2)(a)(i) of the Correctional Services Act, which requires that determinate sentences run concurrently with life sentences. Both…
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Ulde v Minister of Home Affairs and Another (320/08) [2009] ZASCA 34; 2009 (4) SA 522 (SCA) ; 2009 (8) BCLR 840 (SCA) ; [2009] 3 All SA 332 (SCA) (31 March 2009)
The Supreme Court of Appeal held that the detention of the appellant was unlawful because the immigration officer failed to exercise proper discretion as required by section 34(1) of the Immigration Act. The officer acted under a mistaken belief that detention was obligatory, applying a blanket policy rather than considering the individual circumstances, including the fact that the appellant had been released on bail by a magistrate. The officer did not apply his mind to the relevant facts or legal principles, rendering the detention arbitrary and in violation of the constitutional right to l…
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