South Africa Case Law

Malatjie and Others v South African Custodial Management (Pty) Ltd (834/2021)

Malatjie and Others v South African Custodial Management (Pty) Ltd (834/2021) [2025] ZALMPTHC 8 (14 April 2025)

Court

Limpopo High Court, Thohoyandou

Case number

834/2021

Judge

M V Semenya

The court found that the first plaintiff, Ronny Malatjie, was assaulted by a correctional officer (Munyai) on 30 April 2021, as evidenced by medical reports and corroborated testimony. However, the extent of the assault was exaggerated; only a slap and restraint were proved, not the alleged kicking or severe beating. The claim for constitutional damages was dismissed, as common law damages suffice to vindicate the rights infringed. The secondary plaintiffs failed to prove actionable emotional shock, as no psychiatric injury was diagnosed and their symptoms did not meet the legal threshold. Th…

Source excerpt

• Actio Iniuriarum
• Bodily Integrity
• Pain And Suffering
• Emotional Shock
• Constitutional Damages

Kalmer v Davids NO (in her capacity as the Executor in the Estate: late Yasmin Salie) and Another (501/2023)

Kalmer v Davids NO (in her capacity as the Executor in the Estate: late Yasmin Salie) and Another (501/2023) [2025] ZASCA 26 (28 March 2025)

Court

Supreme Court of Appeal

Case number

501/2023

Judges

Schippers, Meyer, Smith, Vally, Norman

The SCA held that an elite runner was negligent in colliding with a pedestrian on an open public promenade during a race and dismissed the appeal.

• Negligence
• Duty Of Care
• Contributory Negligence
• Bodily Integrity
• Foreseeability
• Delict

Mbalela v Minister of Police (1086/2019)

Mbalela v Minister of Police (1086/2019) [2025] ZAECMHC 8 (18 February 2025)

Court

Eastern Cape High Court, Mthatha

Case number

1086/2019

Judge

Zono

The High Court held the Minister of Police liable for assault, unlawful arrest and detention after finding the police version unsupported and procedurally unfair.

• Unlawful Arrest
• Unlawful Detention
• Police Assault
• Bodily Integrity
• Onus Of Proof
• Constitutional Damages

Lenoke v Minister of Police (CIV APP MG 27/2023)

Lenoke v Minister of Police (CIV APP MG 27/2023) [2024] ZANWHC 277 (6 November 2024)

Court

North West High Court, Mafikeng

Case number

CIV APP MG 27/2023

Judges

A Reddy, M. Wessels

Appeal against a damages award for unlawful arrest, detention and assault succeeds; the High Court increases the award to R30,000 and orders High Court-scale costs.

• Unlawful Arrest
• Unlawful Detention
• Damages Quantification
• Bodily Integrity
• Contumelia
• Costs Award

Kgalane v Minister of Police (514/2022)

Kgalane v Minister of Police (514/2022) [2024] ZAFSHC 2 (5 January 2024)

Court

Free State High Court, Bloemfontein

Case number

514/2022

Judge

Molitsoane

The court held the Minister of Police liable after finding that police officers shot the plaintiff with rubber bullets in the township, causing a leg injury.

• Actio Iniuriarum
• Bodily Integrity
• Negligence
• Vicarious Liability
• Rubber Bullet Injury
• Delict

Mkhize v Passenger Rail Agency of South Africa (11417/20)

Mkhize v Passenger Rail Agency of South Africa (11417/20) [2023] ZAGPPHC 1883 (3 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

11417/20

Judge

de Vos

The High Court held PRASA liable where a commuter was pushed from a moving train through open doors, finding the negligence issue was proved on one consistent version.

• Negligence
• Public Transport Liability
• Bodily Integrity
• Compensatory Damages
• Public-transport-liability
• Bodily-integrity

Bantsheng v Minister of Police (1179/2019)

Bantsheng v Minister of Police (1179/2019) [2023] ZANWHC 118 (20 July 2023)

Court

North West High Court, Mafikeng

Case number

1179/2019

Judge

Petersen

The High Court held the Minister of Police liable for an unlawful assault by SAPS members and awarded the plaintiff’s costs on the merits.

• Assault By Police
• Vicarious Liability
• Bodily Integrity
• Bare Denial
• Onus Of Proof
• Police-assault

Modise v Minister of Police (1916/2017)

Modise v Minister of Police (1916/2017) [2023] ZANWHC 89 (22 June 2023)

Court

North West High Court, Mafikeng

Case number

1916/2017

Judges

FMM Reid, Snyman

The High Court dismissed a delict claim arising from a protest-related shooting, finding the plaintiff failed to prove on a balance of probabilities that SAPS caused the wound.

• Onus Of Proof
• Bodily Integrity
• Causation
• Negligence
• Damages For Personal Injury
• Delict

Owies v Minister of Police (9891/2014)

Owies v Minister of Police (9891/2014) [2022] ZAWCHC 242 (21 November 2022)

Court

Western Cape High Court, Cape Town

Case number

9891/2014

Judge

Mangcu-Lockwood

Civil damages claim for alleged police assault in custody dismissed after the court found the plaintiff failed to prove assault or causation on the probabilities.

• Assault
• Onus Of Proof
• Actio Iniuriarum
• Bodily Integrity
• Hearsay Evidence
• Delict

Minister of Police v Dunjana and Others (CA 117/2021)

Minister of Police v Dunjana and Others (CA 117/2021) [2022] ZAECMKHC 88; [2023] 1 All SA 180 (ECG); 2023 (2) SACR 486 (ECM) (25 October 2022)

Court

Eastern Cape High Court, Makhanda

Case number

CA 117/2021

Judges

van Zyl, Govindjee, Ah Shene

The court held that the arresting officer did not possess reasonable grounds for suspicion as required by section 40(1)(b) of the Criminal Procedure Act. The information relied upon was tenuous, circumstantial, and not sufficiently linked to the respondents. The trial court's finding on Botha's lack of credibility was justified. Regarding the assault claims, the evidence did not support that the second and fourth respondents were physically assaulted; their claims were dismissed. The quantum of compensation awarded by the trial court was found to be excessive and not supported by comparable c…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• Actio Iniuriarum
• Quantum Of Damages
• Reasonable Suspicion
• Bodily Integrity