South Africa Case Law

Solomon and Others v Minister of Police (Appeal) (CA29/2024)

Solomon and Others v Minister of Police (Appeal) (CA29/2024) [2025] ZAECMKHC 45 (16 May 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CA29/2024

Judges

Hartle, Gqamana

The appeal was dismissed. The court found that the police had reasonable grounds to arrest the appellants under section 40(1)(e) of the Criminal Procedure Act, as they were found in constructive possession of a recently stolen vehicle and failed to provide a credible explanation for their involvement in stripping its parts. The suspicion was objectively reasonable, and the presence of a suspected firearm further justified the arrest. The subsequent detention was lawful, as the appellants were brought before court within the statutory period, and the investigation required further steps before…

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• Unlawful Arrest
• Unlawful Detention
• Section 40 Criminal Procedure Act
• Bail Procedure
• Constitutional Rights Of Arrestees
• Damages Claim Against State

Mhlanga v S (56/2025)

Mhlanga v S (56/2025) [2025] ZAMPMHC 3 (17 January 2025)

Court

Middelburg High Court, Mpumalanga

Case number

56/2025

Judge

Phahlamohlaka

Urgent bail-review application struck off for lack of urgency and wrong procedure; the court held that review and appeal were confused and no substantial redress issue was shown.

• Bail Procedure
• Urgent Application Requirements
• Review Vs Appeal
• Costs Award
• Abuse Of Process
• Criminal-procedure

S v Cossa (Review) (REV167/2024)

S v Cossa (Review) (REV167/2024) [2024] ZALMPPHC 197; 2025 (1) SACR 400 (LP) (4 December 2024)

Court

Limpopo High Court, Polokwane

Case number

REV167/2024

Judges

G.C Muller, M.F Kganyago

Automatic review of an immigration conviction was upheld in part on procedure: the conviction and six-month sentence were set aside for unfair-trial irregularities.

• Immigration Act Offences
• Right To Legal Representation
• Fair Trial Rights
• Self Incrimination
• Bail Procedure
• Criminal-review

S v Bogopane (HC 02/2024)

S v Bogopane (HC 02/2024) [2024] ZANWHC 26 (12 February 2024)

Court

North West High Court, Mafikeng

Case number

HC 02/2024

Judges

Petersen, Reddy

The High Court found that neither the refusal of the prosecution's application for postponement nor the Magistrate's failure to call upon the accused to confirm information regarding previous convictions or pending cases constituted a reviewable irregularity under section 22 of the Superior Courts Act. The prosecution's remedy, if aggrieved by the granting of bail, lies in an appeal under section 65A of the Criminal Procedure Act, not by way of special review. The court emphasized that judicial discretion in bail proceedings must be exercised properly, but procedural missteps that do not viti…

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• Bail Procedure
• Judicial Discretion
• Review Vs Appeal
• Criminal Procedure Act
• Superior Courts Act

Van As v Additional Magistrate Cape Town and Others (18052/2022)

Van As v Additional Magistrate Cape Town and Others (18052/2022) [2023] ZAWCHC 170; [2023] 4 All SA 231 (WCC) (24 July 2023)

Court

Western Cape High Court, Cape Town

Case number

18052/2022

Judges

Ralarala, Ndita

The High Court found that the magistrate acted unlawfully and unconstitutionally by cancelling the applicant's release on warning without receiving information on oath or affording the applicant a proper opportunity to be heard. The magistrate's actions contravened both the substantive and procedural requirements of the Criminal Procedure Act and infringed the applicant's constitutional rights to freedom and a fair hearing. The subsequent decisions to retain the applicant in custody, release him on bail with conditions, and issue a final protection order and warrant of arrest were all invalid…

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• Domestic Violence
• Bail Procedure
• Protection Order
• Principle Of Legality
• Audi Alteram Partem
• Minimum Sentencing

Mahleza v Minister of Police and Another (5293/2016)

Mahleza v Minister of Police and Another (5293/2016) [2019] ZAECGHC 137; 2020 (1) SACR 392 (ECG) (12 December 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

5293/2016

Judge

M.J. Lowe

The court found that the plaintiff's arrest was unlawful as the arresting officer failed to critically assess the available information and acted primarily on instructions rather than independent reasonable suspicion. The subsequent detention until 12 January 2016 was a foreseeable consequence of the unlawful arrest, as the mechanical remand at the first court appearance was inevitable and the police knew or ought to have known that bail would not be considered until a formal application was heard. Public policy and constitutional norms require that the Minister of Police be held liable for t…

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• Unlawful Arrest
• Unlawful Detention
• Damages For Loss Of Liberty
• Reasonable Suspicion
• Bail Procedure
• Actio Iniuriarum

Matebese v Minister of Police (2224/2017)

Matebese v Minister of Police (2224/2017) [2019] ZAECPEHC 37 (18 June 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2224/2017

Judge

M J Lowe

The court found that the arresting officer lawfully arrested the plaintiff under Section 40(1)(a) of the Criminal Procedure Act, based on direct observation of the plaintiff purchasing drugs from a known dealer and the absence of any credible exculpatory explanation. The plaintiff's version was rejected as fabricated and inconsistent. The police acted reasonably in processing the plaintiff after arrest, and the delay in bringing him before a court or prosecutor was justified by operational requirements and did not render the detention unlawful. The plaintiff was not eligible for release on wa…

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• Unlawful Arrest
• Unlawful Detention
• Section 40 Criminal Procedure Act
• Bail Procedure
• Causation In Delict
• Damages

Shabalala v Minister of Police and Another (13/37982)

Shabalala v Minister of Police and Another (13/37982) [2018] ZAGPPHC 905 (1 November 2018)

Court

North Gauteng High Court, Pretoria

Case number

13/37982

Judge

Van der Westhuizen

The High Court held that Shabalala’s arrest, detention and prosecution for arson were lawful, and dismissed his damages claims with costs.

• Unlawful Arrest
• Malicious Prosecution
• Detention
• Onus Of Proof
• Bail Procedure
• Reasonable Suspicion

S v Hewu and Others (170002)

S v Hewu and Others (170002) [2017] ZAECGHC 44; 2017 (2) SACR 67 (ECG) (6 April 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

170002

Judge

E Revelas

The review court held that the repeated striking of the matter from the roll by the magistrate, without conducting a proper enquiry under section 342A of the Criminal Procedure Act, was not in accordance with justice. The magistrate failed to investigate the reasons for the delay, the prospects of proceeding to trial, and the impact on the accused's rights. While section 60(11) requires accused charged with Schedule 5 or 6 offences to be brought before court in custody, this does not override the need for judicial discretion and proper enquiry into delays. The immediate re-arrest of the accus…

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• Warrant Of Arrest
• Bail Procedure
• Unreasonable Delay
• Striking Off Roll
• Section 342a Investigation

Minister of Safety and Security and Another v Schuster and Another (CA107/2016)

Minister of Safety and Security and Another v Schuster and Another (CA107/2016) [2017] ZAECGHC 35 (16 March 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 107/2016

Judges

M.J Lowe, J Smith

The appeal was dismissed because the arresting officer failed to provide or exhibit the warrant to the respondents upon request, and the warrant for one respondent could not be produced at trial, rendering the arrest unlawful. The subsequent detention was also unlawful due to the police and prosecutor's failure to provide relevant information regarding bail, including the absence of opposition to bail and the lack of flight risk, which deprived the respondents of a fair opportunity to apply for bail. The Magistrate's findings on liability and quantum were upheld as the evidence established wr…

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• Unlawful Arrest
• Wrongful Detention
• Bail Procedure
• Damages For Actio Iniuriarum