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South Africa decisions
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Mkhabela v Minister of Police and Another (829/2023) [2025] ZAMPMBHC 71 (6 August 2025)
The High Court found the plaintiff’s arrest, detention, and prosecution unlawful, awarding damages against the police and prosecutor.
Mkhonza v Minister of Police (44821/21) [2025] ZAGPJHC 513 (27 May 2025)
The High Court held that the plaintiff’s arrest and detention were unlawful and awarded R1.5 million in damages, plus interest and costs.
Lambrakis v Minister of Police and Others (6109/2021) [2025] ZAGPJHC 223 (28 February 2025)
The court found that the police did not properly exercise their discretion to arrest the plaintiff. The evidence showed that Whitfield Super Spar sold only prepacked food, not hot cooked food, and complied with COVID-19 regulations. The plaintiff's role was administrative, and there was no reasonable basis to suspect him of contravening the Disaster Management Act. The police failed to establish a rational link between the plaintiff's conduct and any offence under the regulations. The arrest and subsequent detention were therefore unlawful. The plaintiff is entitled to damages, with quantum t…
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Mayfield Clays (Pty) Ltd v Makana Local Municipality and Others (Leave to Appeal) (2219/2024) [2024] ZAECMKHC 143 (5 December 2024)
The court found that the failure to join the second and third respondents in their personal capacities was fatal to the contempt proceedings, as required by the Constitutional Court in Matjhabeng. The relief sought involved potential deprivation of personal liberty, necessitating joinder and personal service. The respondents were cited only in their official capacities, and the notice of opposition did not cure this defect. The court was bound by the principles in Matjhabeng and held that there was a reasonable prospect of success on appeal on the ground of non-joinder alone. The remaining gr…
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Shabalala v Minister of Police and Another (323/2021) [2023] ZAMPMHC 6 (2 March 2023)
The plaintiff established that he was arrested without a warrant or explanation, detained without justification, and prosecuted without any evidence linking him to the crime. The defendants failed to plead or present evidence to justify their actions. The constitutional right to freedom and security was infringed, and the onus to justify the arrest, detention, and prosecution rested on the defendants, who did not discharge it. The prosecution persisted without probable cause, and no witnesses implicated the plaintiff. The court found the arrest and detention unlawful and the prosecution malic…
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Mathunjwa v Minister of Police (A3134/2021) [2023] ZAGPJHC 12 (11 January 2023)
The court found that Captain Nkosi failed to exercise proper discretion and did not investigate contradictory statements or the cause of death before arresting the appellant. The arrest was based on an unlawful informal identity parade and unverified information. The respondent did not discharge the onus of proving the lawfulness of the arrest and detention. The appellant suffered indignity, loss of employment, and reputational harm due to unlawful detention. Considering the period of detention, conditions, and comparable awards, the court held that the arrest and detention were unlawful and…
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Mbabaza v Minister of Police (67/2020) [2022] ZAECMHC 2 (1 February 2022)
The plaintiff's arrest and detention were unlawful as the defendant failed to justify their lawfulness. The plaintiff was detained for three days under degrading conditions, which constituted a serious violation of his constitutional right to freedom and dignity. The court exercised its discretion in determining the quantum of damages, considering previous awards and the specific facts of the case, including the humiliation and loss of status suffered by the plaintiff. The court found that R110,000.00 was a fair and commensurate amount for the damages suffered.
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Abore v Minister of Home Affairs and Another (CCT 115/21) [2021] ZACC 50; 2022 (4) BCLR 387 (CC); 2022 (2) SA 321 (CC) (30 December 2021)
The Constitutional Court held that the amendments to the Refugees Act and Regulations, effective from 1 January 2020, apply to the applicant, as he evinced an intention to apply for asylum after their commencement. However, section 2 of the Refugees Act, which enshrines the principle of non-refoulement, remains unamended and prevails over any contrary statutory provision. The Court reaffirmed that a delay in expressing an intention to apply for asylum does not bar an applicant from seeking refugee status; such delay is relevant only to credibility, not eligibility. The applicant is entitled t…
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van Rooyen v Minister of Police (CA 332/2018) [2020] ZAECGHC 44 (26 March 2020)
The High Court upheld an appeal for wrongful detention after an overnight arrest, holding that arrest and detention are separate and awarding R35,000 damages.
Madyibi v Minister of Police (4132/17) [2020] ZAECMHC 11; 2020 (2) SACR 243 (ECM) (17 March 2020)
The High Court found the plaintiff was unlawfully arrested and detained by police while demarcating land sites for the community, and awarded R40,000 damages.
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