South Africa Case Law

Hans v District Court Magistrate, Cape Town and Others (19047/19)

Hans v District Court Magistrate, Cape Town and Others (19047/19) [2020] ZAWCHC 17; 2020 (2) SACR 362 (WCC) (4 March 2020)

Court

Western Cape High Court, Cape Town

Case number

19047/19

Judge

D M Thulare

The court found that the postponement of the applicant's bail application for more than seven days was unlawful and not justified by the circumstances. The magistrate failed to properly apply her mind to the necessity of the postponement, relying instead on an agreement between the parties without considering the statutory requirements. The prosecutors' refusal to assist in requisitioning the applicant for an earlier hearing was irrational, unlawful, and resulted in the applicant's continued detention in violation of his constitutional rights. The absence of any response or justification from…

Source excerpt

• Unlawful Detention
• Bail Postponement
• Judicial Discretion
• Costs Order
• Constitutional Rights Of Detainees
• Magistrates Court Practice

Mothoa v Minister of Police (5056/11)

Mothoa v Minister of Police (5056/11) [2013] ZAGPJHC 38 (8 March 2013)

Court

South Gauteng High Court, Johannesburg

Case number

5056/11

Judge

R Hutton

The High Court awarded R150,000 for unlawful arrest and detention, finding the police acted unlawfully, assaulted the plaintiff, and held him in degrading conditions.

• Unlawful Arrest
• Unlawful Detention
• Damages Assessment
• Constitutional Rights Of Detainees
• Assault By Police
• Human Dignity

Forster v Minister of Safety and Security (10/43463)

Forster v Minister of Safety and Security (10/43463) [2012] ZAGPJHC 156 (30 August 2012)

Court

South Gauteng High Court, Johannesburg

Case number

10/43463

Judge

L M Hodes

The court found that the plaintiff's arrest and detention were unlawful, as there was no reasonable or legal basis for his arrest. The police failed to investigate properly and did not obtain sworn statements implicating the plaintiff before arresting him. The plaintiff was not a flight risk and should not have been detained for several days before appearing in court. The court accepted the plaintiff's evidence of torture and humiliation, including suffocation and urination in the presence of a female officer, which was corroborated by medical evidence of bruising. The defendant's witnesses c…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• Torture By State Agents
• Constitutional Rights Of Detainees
• Quantum Of Damages

Kutumela v Minister of Safety and Security (36053/05)

Kutumela v Minister of Safety and Security (36053/05) [2008] ZAGPHC 430 (12 December 2008)

Court

High Courts - Gauteng

Case number

36053/05

Judge

K Makhafola

The court found that the plaintiff's evidence regarding assault and torture by police officers was consistent, credible, and uncontroverted, whereas the police officers' denials were contradictory and unsupported. The police failed to warn the plaintiff of his constitutional rights prior to interrogation and pointings-out, rendering any self-incriminating statements inadmissible. The information relied upon to obtain the warrant of arrest was not given under oath and constituted a misrepresentation of facts to the magistrate. The conduct of the police in pursuing investigations and institutin…

Source excerpt

• Malicious Prosecution
• Assault By Police
• Constitutional Rights Of Detainees
• Prohibition Of Torture
• Vicarious Liability
• Admissibility Of Confession