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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 223

Lambrakis v Minister of Police and Others (6109/2021)

Lambrakis v Minister of Police and Others (6109/2021) [2025] ZAGPJHC 223 (28 February 2025)

Court
South Gauteng High Court, Johannesburg
Case number
6109/2021
Judge
Malungana

The court found that the police did not properly exercise their discretion to arrest the plaintiff. The evidence showed that Whitfield Super Spar sold only prepacked food, not hot cooked food, and complied with COVID-19 regulations. The plaintiff's role was administrative, and there was no reasonable basis to suspect him of contravening the Disaster Management Act. The police failed to establish a rational link between the plaintiff's conduct and any offence under the regulations. The arrest and subsequent detention were therefore unlawful. The plaintiff is entitled to damages, with quantum t…

Source excerpt

  • Unlawful Arrest
  • Unlawful Detention
  • Damages For Wrongful Arrest
  • Covid Regulations
  • Discretion To Arrest
  • Constitutional Right To Freedom
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Civil Procedure [2023] ZAECMKHC 82

Papana and Others v Minister of Police - Appeal Judgment (CA47/2022)

Papana and Others v Minister of Police - Appeal Judgment (CA47/2022) [2023] ZAECMKHC 82 (8 August 2023)

Court
Eastern Cape High Court, Makhanda
Case number
CA 47/2022
Judges
Bands, D Van Zyl

The court found that the appellants' arrest was lawful, as conceded by their counsel and supported by uncontested evidence. However, the trial court misdirected itself regarding the lawfulness of the detention period at court from 08h00 to 12h00 on 27 July 2020, which was not justified by any intervening event and remained unlawful. The administrative processing justified detention only until 14h00 on 25 July 2020. The trial court further erred in differentiating damages between male and female appellants without cogent reason and in considering the cumulative award's impact on the public pur…

Source excerpt

  • Unlawful Detention
  • Quantum Of Damages
  • Covid Regulations
  • Arrest Without Warrant
  • Deprivation Of Liberty
  • Costs Award
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Commercial And Corporate [2022] ZAGPPHC 953

Hennops Sport (Pty) Ltd v Luhan Auto (Pty) Ltd (A52/2022)

Hennops Sport (Pty) Ltd v Luhan Auto (Pty) Ltd (A52/2022) [2022] ZAGPPHC 953 (2 December 2022)

Court
North Gauteng High Court, Pretoria
Case number
A52/2022
Judges
Moshoana, Cajee

The court held that the COVID-19 lockdown regulations did not constitute supervening impossibility of performance under the lease agreement. The premises remained available for use and enjoyment, and the respondent's inability to generate income was a commercial risk, not a legal impossibility. The lease agreement was not amended or novated, as the non-variation clause was not complied with and no new agreement was signed. Rectification was not available as there was no common mistake at the time of contracting. The penalty for late payment was enforceable as agreed, and the respondent failed…

Source excerpt

  • Lease Agreement
  • Supervening Impossibility
  • Covid Regulations
  • Conventional Penalties Act
  • Non Variation Clause
  • Novation
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.