South Africa Case Law

Jemsana v Minister of Police (1220/2019)

Jemsana v Minister of Police (1220/2019) [2025] ZAECMHC 69 (5 August 2025)

Court

Eastern Cape High Court, Mthatha

Case number

1220/2019

Judge

JGA Laing

The court found that the applicant failed to demonstrate a reasonable prospect of success on appeal as required by section 17(1) of the Superior Courts Act. The police did not act unlawfully in arresting and detaining the applicant, as the officer verified informer information by questioning and searching the applicant, discovering dagga at his residence. The officer's discretion was exercised rationally, considering the seriousness of the offence, the applicant's unknown status, and the circumstances of the arrest. The alleged assault was not pleaded or pursued, and the court was constrained…

Source excerpt

• Leave To Appeal
• Unlawful Arrest
• Unlawful Detention
• Police Discretion
• Damages
• Superior Courts Act

Standard Bank of South Africa Limited v Baxter (Leave to Appeal) (26936/2015)

Standard Bank of South Africa Limited v Baxter (Leave to Appeal) (26936/2015) [2025] ZAGPJHC 724 (23 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

26936/2015

Judge

P V Ternent

The High Court refused leave to appeal, finding no reasonable prospects of success on the alleged disputes about a power of attorney, property value, or damages.

• Leave To Appeal
• Special Power Of Attorney
• Sale Of Property
• Tacit Terms
• Damages Quantification
• Leave-to-appeal

Mabasa v Minister of Police (14551/2019)

Mabasa v Minister of Police (14551/2019) [2025] ZAGPPHC 718 (15 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

14551/2019

Judge

S Mfenyana

High Court found the plaintiff’s arrest and detention by police unlawful for lack of a properly grounded suspicion, and awarded R735,000 in damages.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Section 40 Arrest
• Constitutional Rights
• Vicarious Liability

Marais v Renault South Africa (Pty) Ltd (84098/2019)

Marais v Renault South Africa (Pty) Ltd (84098/2019) [2025] ZAGPPHC 717 (15 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

84098/2019

Judge

S Potterill

The High Court dismissed a whistleblower and delict claim by a former Renault employee, finding no protected disclosures, no proven damages, and awarding punitive costs.

• Protected Disclosure Act
• Unfair Dismissal
• Occupational Detriment
• Action Injuria
• Vicarious Liability
• Quantum Of Damages

A.G obo A Minor Child v Road Accident Fund (50765/2019)

A.G obo A Minor Child v Road Accident Fund (50765/2019) [2025] ZAGPPHC 697 (27 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

50765/2019

Judge

Mooki

The High Court dismissed a minor’s loss-of-earnings claim against the Road Accident Fund, finding no proof that an accident caused a head injury or learning-related impairment.

• Road Accident Fund
• Loss Of Earnings
• Quantum Of Damages
• Expert Evidence
• Hearsay Evidence
• Road-accident-fund

Jukes v Malekjee (2024/091632)

Jukes v Malekjee (2024/091632) [2025] ZAGPJHC 642 (26 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/091632

Judge

N Redman

Default judgment for defamation and malicious prosecution was granted after a false police complaint led to the plaintiff’s arrest, detention, and humiliation.

• Defamation
• Malicious Prosecution
• Quantification Of Damages
• Abuse Of Legal Process
• Malicious-prosecution
• Damages

Makgotlho and Others v Minister of Police and Another (1072/24)

Makgotlho and Others v Minister of Police and Another (1072/24) [2025] ZANWHC 107 (25 June 2025)

Court

North West High Court, Mafikeng

Case number

1072/24

Judge

Oosthuizen-Senekal

Default judgment for seven plaintiffs unlawfully arrested and detained during a protest; malicious prosecution claim failed, and each plaintiff received R50,000.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Malicious Prosecution
• Constitutional Rights
• Costs Award

Nyarende v Minister of Police (2678/2020)

Nyarende v Minister of Police (2678/2020) [2025] ZAMPMBHC 58 (20 June 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2678/2020

Judge

M R Moleleki

The High Court held that Isaac Solomon Nyarende was unlawfully arrested and detained, and awarded him R200,000 plus costs.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Onus Of Proof
• Section 40 Criminal Procedure Act
• Unlawful-arrest

Esmie v Road Accident Fund (2019/9007)

Esmie v Road Accident Fund (2019/9007) [2025] ZAGPJHC 657 (9 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2019/9007

Judge

M M Mabesele

The High Court granted judgment for a passenger injured in a taxi collision, finding the Road Accident Fund 100% liable for damages to be proved.

• Road Accident Fund Liability
• Personal Injury
• Burden Of Proof
• Damages
• Road-accident-fund
• Personal-injury

MENP Trading Projects CC v Mimed (Pty) Ltd (9 June 2025) (7126/2021)

MENP Trading Projects CC v Mimed (Pty) Ltd (9 June 2025) (7126/2021) [2025] ZALMPPHC 109 (5 June 2025)

Court

Limpopo High Court, Polokwane

Case number

7126/2021

Judge

M.A. Mphahlele

The High Court held that Black Chrome Mine’s liquidation frustrated the capitation-fee part of the SLA, but the defendant still had to give 60 days’ notice.

• Contract Termination
• Damages
• Force Majeure
• Notice Period
• Service Level Agreement
• Contract-termination