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South Africa Case Law

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Delict [2022] ZAGPPHC 719

Tshangela v Minister of Police (31264/20171)

Tshangela v Minister of Police (31264/20171) [2022] ZAGPPHC 719 (21 September 2022)

The High Court held that the plaintiff’s arrest, detention, and alleged assault were unlawful, finding the arresting officer acted unreasonably under section 40(1)(b).

  • Unlawful Arrest
  • Unlawful Detention
  • Vicarious Liability
  • Actio Iniuriarum
  • Quantum Postponement
  • Assault In Custody
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Delict [2008] ZAGPHC 336

Ndhlovu v Minister of Safety and Security (34537/07)

Ndhlovu v Minister of Safety and Security (34537/07) [2008] ZAGPHC 336 (27 October 2008)

The High Court held that the plaintiff’s arrest was unlawful for lack of reasonable suspicion and that police failed in their duty of care while he was in custody.

  • Unlawful Arrest
  • Duty Of Care
  • Police Liability
  • Assault In Custody
  • Unlawful-arrest
  • Police-liability
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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.