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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 753

Mbeki and Another v Calata and Others (005245/2025)

Mbeki and Another v Calata and Others (005245/2025) [2025] ZAGPPHC 753 (1 August 2025)

The High Court dismissed Thabo Mbeki and Brigitte Mabandla’s bid to intervene, holding they lacked a direct and substantial interest in the main case.

  • Intervention Under Uniform Rule 12
  • Direct And Substantial Interest
  • Commission Of Inquiry
  • Constitutional Damages
  • Political Interference
  • Truth And Reconciliation Commission Cases
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Delict [2025] ZANWHC 122

Londo v Minister of Police (1855/2024)

Londo v Minister of Police (1855/2024) [2025] ZANWHC 122 (22 July 2025)

Undefended High Court judgment finding the plaintiff’s arrest and four-day detention unlawful, with the Minister of Police held liable for R150,000 damages.

  • Unlawful Arrest
  • Arbitrary Detention
  • Constitutional Damages
  • Vicarious Liability
  • Unlawful-arrest
  • Arbitrary-detention
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Civil Procedure [2025] ZAGPPHC 691

City of Ekurhuleni Metropolitan Municipality and Others v Nu-Way Housing Development Limited (050803/2022)

City of Ekurhuleni Metropolitan Municipality and Others v Nu-Way Housing Development Limited (050803/2022) [2025] ZAGPPHC 691 (27 June 2025)

High Court decision on a late Rule 30 application and exceptions against pleadings in a property and unlawful occupation dispute.

  • Exception Procedure
  • Vague And Embarrassing Pleading
  • Statutory Obligations Under Housing Act
  • Constitutional Damages
  • Unlawful Occupation
  • Amendment Of Pleadings
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Delict [2025] ZANWHC 109

Bonnet v Minister of Police (504/2021)

Bonnet v Minister of Police (504/2021) [2025] ZANWHC 109 (23 June 2025)

The court found that the plaintiff was unlawfully arrested and detained by the police. The evidence established that the plaintiff was handcuffed, deprived of his liberty, and his personal property was taken by police officers, which constituted an arrest. The defendant failed to call key witnesses to rebut the plaintiff's version, and the absence of a paper trail did not negate the factual evidence of arrest and detention. The subsequent detention was also unlawful. The plaintiff's evidence of assault was accepted, as it was detailed and uncontested, and corroborated by his attorney. The cla…

  • Unlawful Arrest
  • Unlawful Detention
  • Assault By Police
  • Constitutional Damages
  • Costs Award
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Delict [2025] ZALMPTHC 8

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)

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…

  • Actio Iniuriarum
  • Bodily Integrity
  • Pain And Suffering
  • Emotional Shock
  • Constitutional Damages
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Delict [2025] ZAGPPHC 238

Makhafola v Wiese and Another (27518/2021)

Makhafola v Wiese and Another (27518/2021) [2025] ZAGPPHC 238 (12 March 2025)

The plaintiff failed to prove that the defendants wrongfully and intentionally published defamatory information concerning him. The evidence established that the judgment was granted against Stoltz Inc., not the plaintiff, and the erroneous listing on the plaintiff’s credit profile resulted from a third-party error. The defendants acted promptly to correct the error once notified, and there was no evidence of malicious intent. The plaintiff did not prove that the publication caused him harm, nor did he plead or prove the elements required for special damages under an aquilian action. Constitu…

  • Defamation
  • Credit Bureau Listing
  • Aquilian Action
  • Malicious Intent
  • Special Damages
  • Constitutional Damages
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Delict [2025] ZAECMHC 8

Mbalela v Minister of Police (1086/2019)

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

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
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Civil Procedure [2024] ZAGPPHC 1228

Gumede and Another v Small Enterprise Development Agency and Another (5670/2023)

Gumede and Another v Small Enterprise Development Agency and Another (5670/2023) [2024] ZAGPPHC 1228 (22 November 2024)

The High Court held that the respondents complied with the Public Protector’s remedial action and dismissed the applicants’ claim for constitutional damages and costs.

  • Public Protector Remedial Action
  • Constitutional Damages
  • Delictual Claim
  • Appropriate Relief
  • Section 38 Constitution
  • Compliance With Remedial Action
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Civil Procedure [2024] ZAGPPHC 1201

Mogale v Minister of Police and Others (36031/2019)

Mogale v Minister of Police and Others (36031/2019) [2024] ZAGPPHC 1201 (18 November 2024)

The High Court dismissed claims for wrongful arrest, assault, malicious prosecution, and denial of medical support after finding the arrest and detention justified.

  • Wrongful Arrest
  • Malicious Prosecution
  • Assault
  • Constitutional Damages
  • Onus Of Proof
  • Wrongful-arrest
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Constitutional Law [2024] ZAGPJHC 731

Wessel Hamman Trust and Others v Emfuleni Local Municipality and Another (21/31801)

Wessel Hamman Trust and Others v Emfuleni Local Municipality and Another (21/31801) [2024] ZAGPJHC 731 (13 August 2024)

The High Court dismissed a trust’s claim for constitutional damages against Emfuleni Municipality, finding no proven section 34 breach or causal link to the alleged loss.

  • Constitutional Damages
  • Municipal Bylaw Enforcement
  • Nuisance
  • Causation
  • Access To Courts
  • Structural Interdict
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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.