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South Africa decisions
Decisions matching the current search
Lenoke v Minister of Police (CIV APP MG 27/2023) [2024] ZANWHC 277 (6 November 2024)
Appeal against a damages award for unlawful arrest, detention and assault succeeds; the High Court increases the award to R30,000 and orders High Court-scale costs.
Mamatshele v Minister of Police and Others (027462/2018) [2024] ZAGPJHC 795 (12 August 2024)
The High Court held that the plaintiff’s warrantless arrest for intimidation was unlawful because intimidation is not a Schedule 1 offence, and awarded damages.
Mhanga v Minister of Police and Another (2115/2022) [2024] ZANWHC 163 (6 June 2024)
The High Court held the police defendants fully liable for the plaintiff’s unlawful arrest and 19-day detention, awarding R545,000 plus interest and costs.
Khubalo v Minister of Police (1923/2018) [2024] ZAECMKHC 39; 2024 (2) SACR 238 (ECMk) (26 March 2024)
The High Court held that the plaintiff’s arrest and detention were unlawful, but dismissed the malicious prosecution claim. Damages of R100,000 were awarded.
M.R v Mokgethi N.O and Another (393/2015) [2024] ZANWHC 37 (16 February 2024)
The court awarded damages after finding the plaintiff was assaulted and raped by an off-duty police officer, and confirmed vicarious liability and quantum.
Masiteng v Minister of Police (A139/2022) [2023] ZAFSHC 175 (12 May 2023)
Appeal against a R30,000 award for unlawful arrest and 42 hours’ detention was dismissed; the High Court found no basis to interfere with the quantum.
Donatie v Minister of Police (Leave to Appeal) (1766/2019) [2023] ZAECMKHC 12 (6 February 2023)
The court granted leave to appeal against a damages award and costs order after finding a potential misdirection on costs and allowing the quantum issue to proceed.
Nyamanda v Minister of Police (2400/2009) [2022] ZAECMKHC 60 (6 September 2022)
The High Court held the Minister of Police liable for an unlawful assault by police members and awarded the plaintiff R100,000 in damages.
Shode v Minister of Police (CA17/2021) [2022] ZAECMKHC 11 (3 May 2022)
The court found that the magistrate correctly rejected the respondent's version and accepted the appellant's evidence that the arrest was effected without proper investigation and without reasonable grounds to suspect imminent harm, as required by the Domestic Violence Act. The arrest occurred three days after the alleged breach, and the arresting officer relied solely on an unverified statement and the complainant's emotional state. The magistrate erred in calculating the duration of detention and in applying an incorrect interest rate. The quantum awarded was inadequate given the circumstan…
Source excerpt
Gumbi v Minister of Police (D7156/2016) [2022] ZAKZDHC 17 (1 April 2022)
The High Court awarded Christopher Gumbi R774,200 for unlawful arrest, malicious prosecution, contumelia, legal costs, and property loss.
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