South Africa Case Law

E.L. v Minister of Police and Another (14227/19)

E.L. v Minister of Police and Another (14227/19) [2025] ZAGPJHC 148 (13 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

14227/19

Judge

Mahosi

The Court found the plaintiff to be a credible witness whose version was supported by medical and documentary evidence. The police officers failed to take reasonable steps to prevent harm to the plaintiff during arrest and in custody, breaching their constitutional and statutory duties. The plaintiff's injuries were consistent with assault by police, and the failure to separate him from violent co-detainees and to conduct regular cell inspections constituted negligence, resulting in sexual assault. The Minister failed to rebut the prima facie case of negligence. The plaintiff's detention was…

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• Unlawful Arrest
• Police Negligence
• Unlawful Detention
• Sexual Assault In Custody
• Bill Of Rights Violation
• Quantum Of Damages

Maharaj v Minister of Safety and Security (11275/2012)

Maharaj v Minister of Safety and Security (11275/2012) [2017] ZAKZDHC 38 (5 October 2017)

Court

Kwazulu-Natal High Court, Durban

Case number

11275/2012

Judge

D Pillay

The High Court held the Minister liable for Neelka Maharaj’s unlawful arrest, detention, sexual harassment, and inhumane custody conditions.

• Unlawful Arrest
• Unlawful Detention
• Sexual Harassment In Custody
• Bill Of Rights Violation
• Damages For Police Misconduct
• Conditions Of Detention

S v Ntantiso and Others (CC04/2015)

S v Ntantiso and Others (CC04/2015) [2017] ZAECMHC 43 (23 August 2017)

Court

Eastern Cape High Court, Mthatha

Case number

CC04/2015

Judge

RWN Brooks

The court found that the statements and pointing-outs made by all three accused were obtained in circumstances where there was a reasonable possibility of undue influence and violation of constitutional rights. The evidence established that the accused were subjected to promises of release, physical violence, and intimidation during pretrial investigations. The magistrate failed to ensure that accused No 1's confession was made freely and voluntarily, particularly after the accused requested legal representation and was promised bail in exchange for a statement. The evidence against accused N…

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• Admissibility Of Confessions
• Bill Of Rights Violation
• Unlawful Possession Of Firearm
• Section 174 Discharge
• Fair Trial Rights

Cau v Minister of Police and Others (32962/2011)

Cau v Minister of Police and Others (32962/2011) [2014] ZAGPPHC 339 (9 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

32962/2011

Judge

N M Mavundla

The court found that the applicant failed to provide a satisfactory explanation for the five-year delay in instituting proceedings after his release from detention. The maxim lex non cogit ad impossibilia did not apply beyond the period of incarceration. The absence of opposition from certain respondents did not excuse non-compliance with statutory requirements. The delay prejudiced the respondents, as it would be difficult to trace witnesses and defend the claim. The court held that there were no reasonable prospects that another court would condone such an inordinate delay, and compliance w…

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• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Prescription
• Bill Of Rights Violation
• Unreasonable Delay

Philander v Minister of Safety and Security (473/2011)

Philander v Minister of Safety and Security (473/2011) [2013] ZANWHC 51 (6 June 2013)

Court

North West High Court, Mafikeng

Case number

473/2011

Judge

N Gutta

The court found that the plaintiff was assaulted and raped by police officers, whose core function is to protect the public. The injuries sustained were physical, mental, and psychological, including post-traumatic stress disorder and contumelia. The court considered the severity of the violation of constitutional rights, the psychological impact, and comparable case law. The plaintiff did not suffer serious physical injuries requiring hospitalization, but the emotional and dignitary harm was significant. The court exercised its discretion to award R60,000 for claim 1 (assault) and R180,000 f…

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• Assault By Police
• Rape By Police Officer
• General Damages Quantification
• Contumelia
• Post Traumatic Stress Disorder
• Bill Of Rights Violation

Peterson v Minister of Safety and Security (1173/2008)

Peterson v Minister of Safety and Security (1173/2008) [2009] ZAECGHC 65 (23 September 2009)

Court

Eastern Cape High Court, Grahamstown

Case number

1173/2008

Judge

Plasket

The court found that the plaintiff's arrest and detention were unlawful, as the arresting officer had no lawful authority and no reasonable suspicion of a Schedule 1 offence. The assaults committed by the police were also unlawful, as they were not justified by any resistance to a lawful arrest. The defendant, as employer, was vicariously liable for the conduct of the police officers. The court assessed damages by considering the seriousness of the infringement of the plaintiff's rights, the malicious and brutal conduct of the police, the humiliation suffered, and the physical injuries sustai…

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• Unlawful Arrest
• Unlawful Detention
• Assault By Police
• Damages Quantum
• Bill Of Rights Violation
• Vicarious Liability