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South Africa decisions
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Tshalibe v Minister of Home Affairs and Other (23795/2012) [2025] ZAGPPHC 708 (15 July 2025)
The High Court held the police liable for unlawful arrest and detention, finding procedural breaches under the CPA. The malicious prosecution claim was dismissed.
Likanga v Minister of Police (2022/17032) [2025] ZAGPJHC 652 (30 June 2025)
The court found that the plaintiff's version of events was improbable and not supported by evidence. The arresting officer was a peace officer, the offence occurred in his presence, and the arrest was justified under s 40(1)(a) of the Criminal Procedure Act. The officer exercised discretion rationally and in good faith, only arresting the plaintiff after repeated interference and warnings. The plaintiff was informed of his rights, including bail, and his detention was lawful pending necessary verifications. There was no unreasonable delay or failure to consider bail, as the plaintiff did not…
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Hlape v Minister of Police (426/2023) [2024] ZASCA 68; 2024 (2) SACR 148 (SCA) (3 May 2024)
The Supreme Court of Appeal dismissed an appeal over alleged unlawful arrest and detention after finding the arrest lawful and no basis for damages.
S v Jantjies (CA&R 141/06) [2006] ZANCHC 60 (17 November 2006)
The court found the complainant's evidence regarding the robbery to be credible and corroborated by police witnesses. The appellant's version was rejected as improbable and inconsistent with the evidence. The conviction for robbery with aggravating circumstances was upheld. However, the evidence did not support a finding of joint possession of the firearm, as the appellant was never in physical possession and there was no proof of intent for Smith to hold the weapon on his behalf. Accordingly, the conviction and sentence for unlawful possession of a firearm were set aside. The sentence of eig…
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