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South Africa decisions
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Mkoko v Minister of Police (2051/2020) [2025] ZAECMHC 25 (8 April 2025)
The High Court dismissed claims for assault, unlawful arrest and detention, finding the plaintiff’s version unreliable and the police evidence more probable.
Manala v Minister of Police and Others (13342/2013) [2020] ZAGPPHC 358 (12 August 2020)
The court found that the Defendants failed to establish reasonable suspicion for the Plaintiff's arrest under section 40(1)(b) of the Criminal Procedure Act. The arresting officer did not inform the Plaintiff of the reason for his arrest, nor did he take steps to confirm whether the items in the Plaintiff's possession were stolen. The Plaintiff was never charged with robbery, and the charge of possession of stolen property was withdrawn. The Defendants provided contradictory versions of the events, and their evidence lacked detail and consistency. The court held that the arrest and subsequent…
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Jobe and Others v Minister of Police (2228/2016) [2020] ZANCHC 50 (24 July 2020)
The court found that the police discharged the onus to justify the arrests under section 40(1)(a) of the Criminal Procedure Act, as the plaintiffs were identified as active participants in violent protest actions, including public violence and contraventions of road traffic legislation. The plaintiffs' evidence was inconsistent, unreliable, and in several cases, absent, as many did not testify to rebut the police's prima facie case. The twelfth plaintiff's arrest under warrant was found lawful, as credible evidence established the warrant's existence and execution, despite its loss. The subse…
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Mandonsela v Minister of Police (63126/12) [2019] ZAGPPHC 988 (12 December 2019)
The High Court held the Minister liable for unlawful arrest and detention, but dismissed the plaintiff’s assault claim for lack of proof.
Dintoe v Minister of Police (1127/2015) [2017] ZANWHC 32 (23 March 2017)
High Court held the plaintiff’s arrest and detention unlawful, finding no reasonable suspicion or rational basis under the Criminal Procedure Act. The assault claim failed.
Nagel v Minister of Police (A214/14) [2016] ZAGPPHC 88 (17 February 2016)
Appeal dismissed in a damages claim for unlawful arrest, assault and detention. The court held the arrest was lawful under section 40(1)(a) and the assault claim failed.
Kivedo v Minister of Safety And Security and Another (CA&R 76/13) [2014] ZANCHC 23 (31 October 2014)
The court found that the plaintiff's detention was unlawful as he was issued with a written notice to appear in court (J534) but was nevertheless detained for four hours without any intention to bring him before a court. The police's justification that the detention was to calm the plaintiff down was not supported by evidence, and there was no indication that he was violent at the police station. The Magistrate misdirected herself in finding the detention lawful, as section 56 of the Criminal Procedure Act requires immediate release upon issuing a written notice. The claim for unlawful arrest…
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