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South Africa Case Law

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Criminal Law [2025] ZANCHC 61

S v Pitso (Sentence) (KS 7/2025)

S v Pitso (Sentence) (KS 7/2025) [2025] ZANCHC 61 (1 August 2025)

Guilty-plea sentencing for murder and two assaults arising from domestic violence. The court found substantial and compelling circumstances and imposed 20 years’ imprisonment.

  • Minimum Sentencing
  • Domestic Violence
  • Murder
  • Assault
  • Remorse And Mitigation
  • Firearms Disqualification
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Civil Procedure [2025] ZAECMKHC 55

Minister of Police v N.S obo L.M (Leave to Appeal) (13/2021)

Minister of Police v N.S obo L.M (Leave to Appeal) (13/2021) [2025] ZAECMKHC 55 (15 July 2025)

Leave to appeal was refused in a damages case arising from alleged unlawful arrest, detention and assault. The court found no reasonable prospects on pleadings, quantum or costs.

  • Leave To Appeal
  • Unlawful Arrest
  • Unlawful Detention
  • Assault
  • Quantum Of Damages
  • Costs Award
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Delict [2025] ZAFSHC 160

N[...] v N[...] (A120/2024)

N[...] v N[...] (A120/2024) [2025] ZAFSHC 160 (4 June 2025)

The appeal court found that the trial court correctly evaluated the evidence and credibility of the parties. The appellant failed to prove on a balance of probabilities that the respondent assaulted him or maliciously instituted proceedings against him. The appellant's version was improbable and motivated by financial interests, while the respondent's actions were bona fide and aimed at ensuring her safety. The trial court's findings were supported by the record, and there was no misdirection warranting interference. The requirements for malicious proceedings were not met, and the appellant's…

  • Assault
  • Malicious Institution Of Proceedings
  • Onus Of Proof
  • Mutually Destructive Versions
  • Self Defence
  • Damages For Pain And Suffering
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Civil Procedure [2025] ZANWHC 76

Makhubele v Minister of Police and Another (1320/2021)

Makhubele v Minister of Police and Another (1320/2021) [2025] ZANWHC 76 (25 April 2025)

The High Court dismissed a claim for unlawful arrest, detention, and assault, finding the police had reasonable grounds to arrest the plaintiff under section 40(1)(b).

  • Unlawful Arrest
  • Detention
  • Reasonable Suspicion
  • Section 40 Criminal Procedure Act
  • Assault
  • Admission Of Guilt Fine
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Criminal Law [2025] ZAWCHC 40

S v LN (12/2023)

S v LN (12/2023) [2025] ZAWCHC 40 (31 January 2025)

Automatic review of a child justice matter. The High Court confirmed convictions on counts 1 and 3, altered the sentence on count 3, and set aside counts 8 to 10.

  • Child Justice Act
  • Rape
  • Kidnapping
  • Assault
  • Sentencing Principles
  • Admissibility Of Evidence
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Criminal Law [2025] ZANCHC 33

S v J.J.L (KS19/24)

S v J.J.L (KS19/24) [2025] ZANCHC 33 (28 January 2025)

The Northern Cape High Court convicted the accused of murder and multiple assaults, rejecting self-defence claims and finding the State proved premeditated murder on Count 8.

  • Murder
  • Assault With Intent To Do Grievous Bodily Harm
  • Self Defence
  • Dolus Eventualis
  • Premeditation
  • Criminal Procedure
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Civil Procedure [2024] ZAGPPHC 1201

Mogale v Minister of Police and Others (36031/2019)

Mogale v Minister of Police and Others (36031/2019) [2024] ZAGPPHC 1201 (18 November 2024)

The High Court dismissed claims for wrongful arrest, assault, malicious prosecution, and denial of medical support after finding the arrest and detention justified.

  • Wrongful Arrest
  • Malicious Prosecution
  • Assault
  • Constitutional Damages
  • Onus Of Proof
  • Wrongful-arrest
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Delict [2024] ZASCA 150

Merryweather v Scholtz and Another (447/2023)

Merryweather v Scholtz and Another (447/2023) [2024] ZASCA 150 (6 November 2024)

Appeal struck off after the court found no special circumstances and no reasonable prospects of success in a delict claim arising from a violent altercation.

  • Onus Of Proof
  • Admissibility Of Evidence
  • Bodily Injury
  • Self Defence
  • Special Leave To Appeal
  • Delict
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Civil Procedure [2024] ZAGPPHC 979

Minister of Police and Another v Manaswe (9982/2018)

Minister of Police and Another v Manaswe (9982/2018) [2024] ZAGPPHC 979 (17 September 2024)

The High Court dismissed an appeal against findings of unlawful detention and assault arising from a roadblock arrest, and left the costs order intact.

  • Unlawful Arrest
  • Unlawful Detention
  • Assault
  • Damages
  • Liability Of State
  • Constitutional Rights Violation
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Delict [2024] ZAGPJHC 923

Meyers v Minister of Police (2016/13641)

Meyers v Minister of Police (2016/13641) [2024] ZAGPJHC 923 (29 August 2024)

A civil damages claim for unlawful arrest, detention and assault was dismissed after the court found major contradictions in the plaintiff’s versions and refused a late amendment.

  • Unlawful Arrest
  • Unlawful Detention
  • Malicious Prosecution
  • Assault
  • Amendment Of Pleadings
  • Unlawful-arrest
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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.