South Africa Case Law

Makua v Firstrand Bank Limited (First National Bank of Southern Africa Limited) (Reasons on Leave to Appeal) (18093/21)

Makua v Firstrand Bank Limited (First National Bank of Southern Africa Limited) (Reasons on Leave to Appeal) (18093/21) [2025] ZAGPPHC 785 (6 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

18093/21

Judge

Phooko

The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no compelling reason to hear the appeal.

• Leave To Appeal Threshold
• Postponement
• Costs Order
• Ombudsman Referral
• National Credit Act
• Constitutional Rights

Mabasa v Minister of Police (14551/2019)

Mabasa v Minister of Police (14551/2019) [2025] ZAGPPHC 718 (15 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

14551/2019

Judge

S Mfenyana

High Court found the plaintiff’s arrest and detention by police unlawful for lack of a properly grounded suspicion, and awarded R735,000 in damages.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Section 40 Arrest
• Constitutional Rights
• Vicarious Liability

Registrar of Labour Relations v Simunye Workers Forum (JA115/2023)

Registrar of Labour Relations v Simunye Workers Forum (JA115/2023) [2025] ZALAC 40; - (26 June 2025)

Court

Labour Appeal Court

Case number

JA115/2023

Judges

Savage ADJP, Nkutha-Nkontwana JA, Mooki AJA

The Labour Appeal Court found that SWF's constitution does not comply with the mandatory requirements of section 95(5) of the Labour Relations Act. Specifically, the constitution fails to establish the office of secretary and define its functions, does not provide for office-bearers, officials, or trade union representatives as defined in the Act, and lacks prescribed procedures for their nomination, election, removal, and appeals. The Court held that the ad hoc appointment of a secretary at each meeting does not constitute the establishment of an office, and the absence of officials or offic…

Source excerpt

• Trade Union Registration
• Freedom Of Association
• Section 95 Requirements
• Genuineness Guidelines
• Constitutional Rights
• Judicial Review

Makgotlho and Others v Minister of Police and Another (1072/24)

Makgotlho and Others v Minister of Police and Another (1072/24) [2025] ZANWHC 107 (25 June 2025)

Court

North West High Court, Mafikeng

Case number

1072/24

Judge

Oosthuizen-Senekal

Default judgment for seven plaintiffs unlawfully arrested and detained during a protest; malicious prosecution claim failed, and each plaintiff received R50,000.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Malicious Prosecution
• Constitutional Rights
• Costs Award

Ndimane v Minister of Police and Another (2021/8902)

Ndimane v Minister of Police and Another (2021/8902) [2025] ZAGPJHC 639 (25 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/8902

Judge

M V Noko

The court found that the plaintiff's arrest and detention were unlawful, as the defendants failed to provide any justification or evidence to support their actions. The prosecution was malicious, with no reasonable or probable cause established, and the only version before the court was that of the plaintiff. The plaintiff was detained for six months under degrading conditions, and the charges were withdrawn due to lack of evidence. The court considered comparable awards in similar cases and determined that fair compensation for the plaintiff's suffering, loss of dignity, and deprivation of l…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• Malicious Prosecution
• Damages Quantification
• Constitutional Rights
• Discovery Non Compliance

Ximba v Minister of Police and Another (5183/2022)

Ximba v Minister of Police and Another (5183/2022) [2025] ZAMPMHC 30 (11 June 2025)

Court

Middelburg High Court, Mpumalanga

Case number

5183/2022

Judge

Malangeni

The High Court held the police liable for unlawful arrest and injuries after the plaintiff was taken to an active robbery scene and shot during the incident.

• Unlawful Arrest
• Vicarious Liability
• Bodily Injury
• Protection Of Harassment Act
• Negligence
• Constitutional Rights

Thusi v Minister of Police and Another (KP58/2018)

Thusi v Minister of Police and Another (KP58/2018) [2025] ZANWHC 99 (11 June 2025)

Court

North West High Court, Mafikeng

Case number

KP58/2018

Judge

R D Hendricks

High Court action for unlawful arrest, detention and malicious prosecution dismissed after finding the arresting officer had reasonable grounds for suspicion.

• Unlawful Arrest
• Malicious Prosecution
• Damages Claim
• Section 40 Criminal Procedure Act
• Constitutional Rights
• Party And Party Costs

Phumo and Another v National Director of Public Prosecutions (2024-104694)

Phumo and Another v National Director of Public Prosecutions (2024-104694) [2025] ZAGPPHC 637 (9 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-104694

Judge

Labuschagne

The court found that the NDPP failed to comply with the procedural requirements for service and publication of the ex parte preservation order under section 39 of POCA. Service was effected at an incorrect address, and publication in the Government Gazette referenced the wrong year. The delay of four months in notifying the applicants and publishing the order was unexplained and constituted a breach of the duty of utmost good faith. These procedural defects infringed the applicants' constitutional rights and rendered the preservation order invalid and lapsed under section 40 of POCA. The urge…

Source excerpt

• Preservation Order
• Service Of Process
• Constitutional Rights
• Urgent Interdict
• Prevention Of Organised Crime Act

Minister of Police and Another v Mkhize (A23/057795)

Minister of Police and Another v Mkhize (A23/057795) [2025] ZAGPJHC 550 (27 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A23/057795

Judges

Dlamini, Twala, Mfenyana

High Court appeal partly upheld: unlawful arrest and detention confirmed, but the malicious prosecution award was set aside.

• Unlawful Arrest
• Malicious Prosecution
• Damages Assessment
• Section 40 Criminal Procedure Act
• Constitutional Rights
• Costs Award

Registrar of Labour Relations v Simunye Workers Forum (JA 115/2023)

Registrar of Labour Relations v Simunye Workers Forum (JA 115/2023) [2025] ZALAC 32; (2025) 46 ILJ 1906 (LAC) (26 May 2025)

Court

Labour Appeal Court

Case number

JA 115/2023

Judges

Savage ADJP, Nkutha-Nkontwana JA, Mooki AJA

The Labour Appeal Court upheld the Registrar’s refusal to register Simunye Workers Forum, finding its constitution did not satisfy section 95(5) of the LRA.

• Trade Union Registration
• Section 95 Compliance
• Freedom Of Association
• Genuineness Of Union
• Constitutional Rights
• Interpretation Of Statutes