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South Africa decisions
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Mkhabela v Minister of Police and Another (829/2023) [2025] ZAMPMBHC 71 (6 August 2025)
The High Court found the plaintiff’s arrest, detention, and prosecution unlawful, awarding damages against the police and prosecutor.
A.M.M v Minister of Police (1924/2023) [2025] ZANWHC 115 (9 July 2025)
The plaintiff established that he was arrested and detained without a warrant, and the defendant, having failed to plead or appear, did not discharge the burden to justify the lawfulness of the arrest. The arrest and detention were therefore unlawful. The plaintiff's evidence of humiliation, emotional distress, and loss of livelihood, aggravated by his physical disability and the deplorable conditions of detention, warranted compensation. The quantum of damages was assessed with reference to comparable case law, the plaintiff's vulnerability, and the impact on his family and livelihood. Costs…
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Jacobs v Minister of Police and Others (2021/6576) [2025] ZAGPJHC 722 (12 June 2025)
The High Court held that a warrantless arrest and 26-hour detention were unlawful after video evidence contradicted the officers’ version. Defamation claim dismissed.
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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Minister of Police and Another v Mkhize (A23/057795) [2025] ZAGPJHC 550 (27 May 2025)
High Court appeal partly upheld: unlawful arrest and detention confirmed, but the malicious prosecution award was set aside.
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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Changing Tides 74 (Pty) Ltd v City of Johannesburg (40135/2016) [2025] ZAGPJHC 279 (14 March 2025)
The City of Johannesburg's failure to comply with the Claassen Order to provide temporary emergency accommodation to the unlawful occupiers was wrongful and constituted a breach of both the occupiers' constitutional right to adequate housing and Changing Tides' right to property. The City agreed to the deadline for accommodation with full knowledge of its financial position and failed to seek a variation of the order when it became unable to comply. Its conduct was reckless and demonstrated a lack of political will, resulting in Changing Tides being deprived of the use and income of its prope…
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Wilson v Minister of Police and Others (2021/56553) [2025] ZAGPJHC 268 (11 March 2025)
The court found that the plaintiff's arrest was unlawful as the SAPS failed to comply with the requirements of the Protection from Harassment Act, specifically the absence of reasonable grounds for imminent harm and failure to properly execute the warrant. The investigating officer did not act in terms of the Act and did not apply his mind to the mandatory considerations. The plaintiff should have been given a written notice to appear in court rather than being arrested. The unlawful arrest directly caused the plaintiff's continued detention, as she would not have been in custody but for the…
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Van Ross v Minster of Police (2020/38012) [2025] ZAGPJHC 214 (4 March 2025)
The High Court held that the plaintiff’s arrest and detention were unlawful and awarded R75,000 in damages, with costs and interest.
Odendaal v Minister of Police and Others (24378/2019) [2025] ZAGPJHC 153 (20 February 2025)
The court found that the arresting officer, Captain Myburgh, failed to exercise his discretion rationally when arresting and detaining the plaintiff. The officer did not properly investigate the nature of the dispute, which was contractual and civil rather than criminal, and failed to engage with the plaintiff to ascertain the facts. The arrest was effected in a violent and humiliating manner, and the officer relied solely on the complainant's identification without further inquiry. The court held that the jurisdictional facts required by section 40(1)(b) of the Criminal Procedure Act were no…
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