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South Africa decisions
Decisions matching the current search
Muziwenkosi v Minister of Police (18474/2012) [2025] ZAGPJHC 672 (10 July 2025)
The High Court awarded R650,000 for unlawful arrest and detention after finding SAPS lacked objectively reasonable grounds and acted humiliatingly.
Jacobs v Minister of Police and Others (16649/2020) [2025] ZAGPJHC 579 (6 June 2025)
The court found that the plaintiff's arrest and detention were unlawful, as the police failed to exercise proper discretion and did not provide reasonable grounds for suspicion. The subsequent detention, up to the bail hearing, was also unlawful, as there was no proper judicial consideration of the plaintiff's continued incarceration. The plaintiff's constitutional rights under section 12 were violated, and he suffered significant emotional and reputational harm. The court considered recent case law on damages for unlawful detention and determined that a fair and appropriate award, reflecting…
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Khedama v Minister of Police (667/2024) [2025] ZASCA 79 (5 June 2025)
The Supreme Court of Appeal found that the full court erred in drastically reducing the quantum of damages awarded for the appellant's unlawful arrest and detention. The appellant was subjected to particularly egregious and degrading treatment by the police, including humiliation, psychological trauma, and prolonged detention under harsh conditions. The court held that the severity of the constitutional rights violations and the systemic disregard for human dignity justified a higher award. The assessment of damages must reflect not only the duration of detention but also the overall treatmen…
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Dercksen v Minister of Police (3469/2018; 3470/2018) [2025] ZALMPPHC 56 (25 March 2025)
The court found that the arresting officer, Detective Sergeant Chokoe, acted with the predetermined intention to arrest the plaintiffs based solely on the complainants' statements, without conducting a rational or objective assessment of the evidence or considering alternative means to secure their attendance. The plaintiffs were not informed of the charges or their rights, and their version was not obtained prior to arrest. The arrest was therefore unlawful under section 40(1)(b) of the Criminal Procedure Act. The subsequent detention was also unlawful, as the plaintiffs were not brought bef…
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Fritz v Minister of Police and Another (2023/025526) [2025] ZAGPPHC 45 (20 January 2025)
The High Court dismissed an application challenging border “flagging” of the applicant’s passport and seeking R1 million damages, finding the papers vague and disputes of fact unavoidable.
Minister of Police and Another v Manaswe (9982/2018) [2024] ZAGPPHC 979 (17 September 2024)
The High Court dismissed an appeal against findings of unlawful detention and assault arising from a roadblock arrest, and left the costs order intact.
Minister of Police v Khedama (AR259/2022) [2024] ZAKZPHC 23 (18 March 2024)
Appeal against a R1 million award for unlawful arrest and detention was upheld, with damages reduced to R350,000 and interest ordered from judgment date.
Muleya v Minister of Police and Another (32440/18) [2023] ZAGPJHC 1466 (18 December 2023)
The High Court dismissed a claim for unlawful arrest, detention, and malicious prosecution, finding reasonable suspicion for arrest and no proof of malice.
Minister of Police v Mjali and Others (CA 91/2022) [2023] ZAECMHC 62 (7 November 2023)
Appeal against damages for unlawful arrest and detention succeeded, reducing each respondent’s award from R200,000 to R100,000.
Ruiendo and Others v Minister of Police (29/2021) [2023] ZANWHC 198 (27 October 2023)
The High Court held the Minister of Police liable for assaults on three plaintiffs and for the unlawful arrest and detention of two of them.
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