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South Africa Case Law

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Delict [2025] ZALMPPHC 106

Motsepe and Others v Motsepe and Another (2025/079559)

Motsepe and Others v Motsepe and Another (2025/079559) [2025] ZALMPPHC 106 (2 June 2025)

High Court urgent defamation interdict granted over social media posts accusing family members of serious wrongdoing.

  • Defamation
  • Interdictory Relief
  • Dignity And Reputation
  • Social Media Publication
  • Urgent Application
  • Constitutional Rights Infringement
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Delict [2025] ZALMPPHC 47

Tshamano v Minister of Police (8085/2021)

Tshamano v Minister of Police (8085/2021) [2025] ZALMPPHC 47 (14 March 2025)

The High Court awarded Paul Tshamano R500,000 in general damages for unlawful arrest and one-night detention, citing degrading cell conditions and no police explanation.

  • Unlawful Arrest
  • Unlawful Detention
  • General Damages
  • Constitutional Rights Infringement
  • Default Judgment
  • Quantum Of Damages
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Delict [2025] ZANWHC 17

Kome v Minister of Police (2930/19)

Kome v Minister of Police (2930/19) [2025] ZANWHC 17 (31 January 2025)

The High Court awarded R480,000 for unlawful arrest and 24 days’ detention, finding harsh cell conditions, gang coercion, and loss of employment relevant to quantum.

  • Unlawful Arrest
  • Unlawful Detention
  • Quantum Of Damages
  • Constitutional Rights Infringement
  • Unlawful-arrest
  • Unlawful-detention
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Delict [2025] ZANWHC 14

K.K v Minister of Police (CIV APP MG 25/2023)

K.K v Minister of Police (CIV APP MG 25/2023) [2025] ZANWHC 14 (9 January 2025)

High Court appeal in an unlawful arrest and detention claim. The court increased damages to R90,000, rejecting unpleaded allegations of sodomisation.

  • Unlawful Arrest And Detention
  • Quantum Of Damages
  • Pleading Requirements
  • Constitutional Rights Infringement
  • Unlawful-arrest-and-detention
  • Quantum-of-damages
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Delict [2023] ZALMPTHC 5

Sylvia v Minister of Police (307/2021)

Sylvia v Minister of Police (307/2021) [2023] ZALMPTHC 5 (24 March 2023)

The High Court awarded R100,000 for unlawful arrest and detention after finding the police had no legal basis to arrest the plaintiff.

  • Unlawful Arrest
  • Unlawful Detention
  • General Damages
  • Constitutional Rights Infringement
  • Unlawful-arrest
  • Unlawful-detention
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Delict [2022] ZAMPMHC 6

Wigg v Minister of Police (2187/2019)

Wigg v Minister of Police (2187/2019) [2022] ZAMPMHC 6 (27 May 2022)

The High Court awarded R540,000 for unlawful arrest, brief detention, and humiliation after police arrested the plaintiff in public and conducted a strip search.

  • Unlawful Arrest
  • Damages Quantum
  • Actio Iniuriarum
  • Dignity And Privacy
  • Constitutional Rights Infringement
  • Unlawful-arrest
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Delict [2022] ZANWHC 16

Madueke v Minister of Police (195/2017)

Madueke v Minister of Police (195/2017) [2022] ZANWHC 16 (23 March 2022)

The High Court awarded R320,000 for 16 days’ unlawful arrest and detention, after liability was conceded and the court determined quantum and costs.

  • Unlawful Arrest
  • Unlawful Detention
  • Quantum Of Damages
  • Constitutional Rights Infringement
  • Unlawful-arrest
  • Unlawful-detention
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Criminal Law [2021] ZAGPPHC 277

Mashava and Others v Minister of Police (2558/2018, 3747/2018, 2556/2018, 2557/2018, 2555/2018, 2559/2018)

Mashava and Others v Minister of Police (2558/2018, 3747/2018, 2556/2018, 2557/2018, 2555/2018, 2559/2018) [2021] ZAGPPHC 277 (30 April 2021)

The court found that the defendant proved on a balance of probabilities that the arresting officer was a peace officer who entertained a reasonable suspicion, based on objective facts, that the plaintiffs had committed a Schedule 1 offence (robbery and extortion). The complainant's statements implicated all plaintiffs, and their conduct in returning money supported the suspicion. The discretion to arrest was exercised properly and in good faith. The subsequent withdrawal of charges did not render the arrest unlawful. The plaintiffs failed to prove that the discretion was exercised improperly…

  • Unlawful Arrest
  • Detention Without Warrant
  • Section 40 Criminal Procedure Act
  • Damages For Unlawful Arrest
  • Common Purpose
  • Constitutional Rights Infringement
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Civil Procedure [2021] ZAECGHC 22

Minister of Police v Page (CA 231/2019)

Minister of Police v Page (CA 231/2019) [2021] ZAECGHC 22 (23 February 2021)

The High Court reduced damages for unlawful arrest and detention from R60,000 to R30,000, finding the magistrate misdirected herself on quantum.

  • Unlawful Arrest And Detention
  • Quantum Of Damages
  • Constitutional Rights Infringement
  • Contumelia
  • Assessment Of Non Patrimonial Loss
  • Unlawful-arrest-and-detention
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Civil Procedure [2017] ZAGPPHC 815

Maseko and Another v Minister of Police and Another (145/2017)

Maseko and Another v Minister of Police and Another (145/2017) [2017] ZAGPPHC 815 (20 December 2017)

High Court held the police unlawfully arrested and detained the plaintiff without reasonable suspicion, awarding damages and dismissing the claim against the DPP.

  • Unlawful Arrest
  • Unlawful Detention
  • Damages For Dignity
  • Section 40 Criminal Procedure Act
  • Constitutional Rights Infringement
  • Unlawful-arrest
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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.