South Africa Case Law

Bonnet v Minister of Police (504/2021)

Bonnet v Minister of Police (504/2021) [2025] ZANWHC 109 (23 June 2025)

Court

North West High Court, Mafikeng

Case number

504/2021

Judge

Reddy

The court found that the plaintiff was unlawfully arrested and detained by the police. The evidence established that the plaintiff was handcuffed, deprived of his liberty, and his personal property was taken by police officers, which constituted an arrest. The defendant failed to call key witnesses to rebut the plaintiff's version, and the absence of a paper trail did not negate the factual evidence of arrest and detention. The subsequent detention was also unlawful. The plaintiff's evidence of assault was accepted, as it was detailed and uncontested, and corroborated by his attorney. The cla…

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• Unlawful Arrest
• Unlawful Detention
• Assault By Police
• Constitutional Damages
• Costs Award

Ngobeni v Minister of Police (1838/2017)

Ngobeni v Minister of Police (1838/2017) [2025] ZAGPPHC 553 (21 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

1838/2017

Judge

Nyathi

The High Court held that the Minister of Police was liable for damages after finding the plaintiff’s arrest, detention, and alleged assault unlawful.

• Unlawful Arrest
• Unlawful Detention
• Assault By Police
• Damages For Personal Injury
• Civil Liability Of State
• Criminal Procedure Act Section 40

Langa and Another v Minister of Police (55541.21 ; 55542.21)

Langa and Another v Minister of Police (55541.21 ; 55542.21) [2024] ZAGPPHC 1285 (2 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

55541/21 ; 55542/21

Judge

PD. Phahlane

The High Court found that SAPS unlawfully arrested and detained Mr and Mrs Langa and assaulted them, awarding damages and costs against the Minister of Police.

• Unlawful Arrest And Detention
• Assault By Police
• Constitutional Right To Liberty
• Damages For Psychological Injury
• Police Misconduct
• Quantum Of Damages

Ditlhokwe v Minister of Police and Others (6031/2018)

Ditlhokwe v Minister of Police and Others (6031/2018) [2024] ZAGPPHC 1173 (20 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

6031/2018

Judge

Holland-Muter

The High Court found the plaintiff was unlawfully arrested, detained and assaulted by police during a theft inquiry, and postponed quantum sine die.

• Unlawful Arrest
• Unlawful Detention
• Assault By Police
• Damages
• Constitutional Rights
• Onus Of Proof

Mdluli v MEC for the Safety and Security and Others (5006/17P)

Mdluli v MEC for the Safety and Security and Others (5006/17P) [2024] ZAKZPHC 126 (18 October 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5006/17P

Judge

Chithi

High Court found the plaintiff’s arrest, detention, and prosecution lawful, but held the police liable for assault and awarded costs on scale B.

• Unlawful Arrest
• Unlawful Detention
• Assault By Police
• Malicious Prosecution
• Vicarious Liability
• Use Of Force In Arrest

Macamo v Minister of Police (25027/2020)

Macamo v Minister of Police (25027/2020) [2024] ZAGPJHC 879 (17 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

25027/2020

Judge

S D J Wilson

High Court judgment awarding damages for unlawful arrest, assault and detention by police officers after a late-night stop in Soweto.

• Unlawful Arrest
• Assault By Police
• General Damages
• Section 40 Criminal Procedure Act
• Unlawful-arrest
• Police-assault

Matras v Minister of Police (218/2023)

Matras v Minister of Police (218/2023) [2024] ZANWHC 119 (30 April 2024)

Court

North West High Court, Mafikeng

Case number

218/2023

Judge

S Mfenyana

The High Court found the Minister of Police liable after uncontested evidence showed SAPS members shot the plaintiff with rubber bullets, causing injury.

• Assault By Police
• Vicarious Liability
• Damages Quantification
• Default Judgment
• Rule 33 4 Separation
• Police-assault

Monaheng v Minister Of Police and Others (30286/2020)

Monaheng v Minister Of Police and Others (30286/2020) [2024] ZAGPJHC 344 (8 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

30286/2020

Judge

M T Jordaan

The High Court dismissed a damages claim for alleged assault, unlawful arrest, and detention after finding the police acted lawfully and the plaintiff was the aggressor.

• Unlawful Arrest
• Assault By Police
• Damages Claim
• Criminal Procedure Act
• Onus Of Proof
• Unlawful-arrest

Thobela v Minister of Police (2630/2021)

Thobela v Minister of Police (2630/2021) [2024] ZAMPMBHC 5 (24 January 2024)

Court

Mbombela High Court, Mpumalanga

Case number

2630/2021

Judge

B A Mashile

The court found that, in the absence of any defence or evidence from the Minister, Thobela's account of unlawful arrest, detention, and assault must be accepted. The SAPS officers failed to demonstrate any reasonable suspicion or objective grounds for arresting Thobela, nor did they exercise their discretion to arrest rationally. The deprivation of liberty lasted approximately thirty-five hours, and the assault was appalling, occurring in full view of Thobela's family. However, the injuries sustained were moderate, and there was no evidence of lasting medical or psychological harm, nor any lo…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• Assault By Police
• General Damages
• Quantification Of Damages

Mashaba v Minister of Police (4574/2021)

Mashaba v Minister of Police (4574/2021) [2024] ZAMPMBHC 9 (9 January 2024)

Court

Mbombela High Court, Mpumalanga

Case number

4574/2021

Judge

Mazibuko

The court found that the plaintiff was assaulted by SAPS members, kept handcuffed for several hours, denied access to the toilet, and forced to urinate himself, constituting cruel, inhuman and degrading treatment. The SAPS's conduct was not justified by any resistance to arrest or threat posed by the plaintiff. The police breached their constitutional duties and violated the plaintiff's rights to dignity and freedom from cruel treatment. The court held that general damages were the appropriate relief, as the facts did not justify a separate award of constitutional damages. The defendant is vi…

Source excerpt

• Unlawful Arrest
• Assault By Police
• Constitutional Damages
• Human Dignity
• Cruel Inhuman Degrading Treatment
• Vicarious Liability