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South Africa decisions
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Potsane v Minister of Police (5780/2019) [2025] ZAFSHC 206 (4 July 2025)
The High Court dismissed a claim for unlawful arrest and detention, finding the officer had reasonable suspicion under section 40(1)(b) of the CPA.
Thusi v Minister of Police and Another (KP58/2018) [2025] ZANWHC 99 (11 June 2025)
High Court action for unlawful arrest, detention and malicious prosecution dismissed after finding the arresting officer had reasonable grounds for suspicion.
Visser v Van Zyl and Another (NCT/367612/2024/141(1)(b)) [2025] ZANCT 29 (31 May 2025)
The Tribunal dismissed an unopposed section 141(1)(b) application seeking relief for alleged debt review mismanagement and vehicle repossession.
Fokisi v Minister of Police (4258/2023) [2025] ZAFSHC 125 (6 May 2025)
The High Court dismissed a damages claim for unlawful arrest and detention, finding the police had reasonable suspicion to arrest for dealing in dagga.
Kleynhans v Van Zyl and Another (NCT-342961-2024-Section 141(1)(b)) [2025] ZANCT 24 (31 March 2025)
The Tribunal dismissed a debt-review complaint, finding it barred by section 166(2) of the NCA, with ABSA not joined and damages beyond its jurisdiction.
Northern Cape Ranchers (CC) v Sol Plaatje Municipality and Others (118/2024) [2025] ZANCHC 25; [2025] 2 All SA 843 (NC) (24 March 2025)
The High Court dismissed contempt relief, granted a structured interdict on sewage discharge, and dismissed monetary claims arising from non-compliance.
Dudaka v Minister of Police (3571/2022) [2025] ZAECMHC 10 (27 February 2025)
The court found that the arresting officer had reasonable grounds to suspect the plaintiff of committing rape, a Schedule 1 offence, based on the unequivocal identification by the victim and corroboration by her friend and mother. Discrepancies in the J88 and witness statements did not negate the reasonable suspicion, as the victim consistently identified the plaintiff before and after the medical examination. The officer's decision to arrest was rational and justified under section 40(1)(b) of the Criminal Procedure Act. The purpose of the arrest was to bring the plaintiff before the court,…
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A.E.S obo L.T.S v Member of the Executive Council for Health and Social Development of the Free State (1094/2024) [2025] ZAFSHC 34 (13 February 2025)
The court held that the plaintiff lacked locus standi to claim damages in a representative capacity for her daughter, as the daughter was a major at the time the action was instituted, in terms of the Children’s Act 38 of 2005, which reduced the age of majority to 18. No evidence could be led to prove the contrary, and the particulars of claim did not disclose a cause of action in this respect. The exception on this ground was upheld. Regarding the second ground, the court found that the particulars of claim, although lacking some detail, were not vague and embarrassing to the extent that the…
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Member of the Executive Council for Human Settlements, Gauteng v Katekani Investment (21/14457) [2025] ZAGPJHC 85 (3 February 2025)
The applicant provided a reasonable explanation for the delay, primarily due to pursuing a stay application on senior counsel's advice. The delay was not wilful or grossly negligent. The application to uplift the bar is bona fide and not intended to frustrate the respondent's claim. There was no reckless or intentional disregard of the Uniform Rules of Court. The applicant's defence, based on the respondent's alleged poor performance and failure to complete the contracted works, is not ill-founded and has prospects of success. The respondent's opposition was justified due to the lengthy delay…
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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.
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