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South Africa Case Law

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Civil Procedure [2024] ZANWHC 312

Fourie v Minister of Police (CIV APP FB03/2024)

Fourie v Minister of Police (CIV APP FB03/2024) [2024] ZANWHC 312 (31 October 2024)

Full-bench appeal upheld after the High Court found police assaulted the appellant and wrongly excluded agreed expert evidence on psychological harm and future medical costs.

  • Damages For Assault
  • Future Medical Expenses
  • Admissibility Of Expert Evidence
  • Pleading Amendment
  • Quantum Of Damages
  • Damages-for-assault
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Delict [2023] ZAGPPHC 247

Mbana v Minister of Police

Mbana v Minister of Police [2023] ZAGPPHC 247; 54035/21 (29 March 2023)

The High Court found the plaintiff was lawfully arrested and detained after obstructing police during enforcement of Covid-19 regulations. His assault claim failed.

  • Wrongful Arrest
  • Unlawful Detention
  • Damages For Assault
  • Burden Of Proof
  • Wrongful-arrest
  • Unlawful-detention
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Civil Procedure [2021] ZAMPMHC 33

Nkosi and Another v Minister of Police and Another (A10/2021)

Nkosi and Another v Minister of Police and Another (A10/2021) [2021] ZAMPMHC 33 (24 November 2021)

The High Court dismissed an appeal against findings that police were justified in shooting one appellant during arrest, lawfully arrested the other, and could withdraw a pre-trial assault admission.

  • Unlawful Arrest
  • Use Of Force In Arrest
  • Judicial Admission
  • Assault By Police
  • Onus Of Proof
  • Damages For Assault
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Delict [2020] ZASCA 109

Phakula v Minister of Safety and Security (454/19)

Phakula v Minister of Safety and Security (454/19) [2020] ZASCA 109 (23 September 2020)

The Supreme Court of Appeal set aside a high court judgment after finding that shooting, arrest, assault, and detention claims were inextricably linked and needed a full retrial.

  • Unlawful Arrest
  • Use Of Force In Arrest
  • Vicarious Liability
  • Separation Of Issues
  • Damages For Assault
  • Unlawful-arrest
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Delict [2019] ZASCA 91

Mngomezulu v Ethekwini Metropolitan Municipality (079/2018)

Mngomezulu v Ethekwini Metropolitan Municipality (079/2018) [2019] ZASCA 91 (3 June 2019)

The SCA dismissed a delict claim over alleged demolition and shooting at an informal settlement, holding the appellant failed to prove unlawful demolition and that the shooting was self-defence.

  • Unlawful Eviction
  • Self Defence
  • Damages For Assault
  • Constitutional Right To Housing
  • Costs In Constitutional Litigation
  • Municipal Obligations
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Delict [2019] ZANWHC 27

Mosepele v Mokgethi and Another (393/2015)

Mosepele v Mokgethi and Another (393/2015) [2019] ZANWHC 27 (23 May 2019)

The court granted leave to appeal to the Full Bench in a delict claim arising from an alleged assault and rape by an off-duty police constable, focusing on vicarious liability.

  • Vicarious Liability
  • Damages For Assault
  • Leave To Appeal
  • Superior Courts Act
  • Vicarious-liability
  • Leave-to-appeal
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Delict [2018] ZAGPPHC 907

Minister of Police v Scholtz (A939/14)

Minister of Police v Scholtz (A939/14) [2018] ZAGPPHC 907 (28 November 2018)

The High Court upheld the appeal in a police assault damages case, finding the trial court had not properly evaluated the evidence or explained its probability findings.

  • Vicarious Liability
  • Assessment Of Evidence
  • Damages For Assault
  • Vicarious-liability
  • Assessment-of-evidence
  • Assault-damages
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Civil Procedure [2018] ZALMPPHC 39

Mthimkulu v Minister of Police (2424/2017)

Mthimkulu v Minister of Police (2424/2017) [2018] ZALMPPHC 39 (2 August 2018)

The court dismissed two unlawful-arrest claims but upheld an assault claim arising from police conduct during delivery of a protection order.

  • Unlawful Arrest
  • Assault By Police
  • Onus Of Proof
  • Section 40 Criminal Procedure Act
  • Damages For Assault
  • Unlawful-arrest
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Delict [2015] ZAGPPHC 825

Isaac v Minister of Safety and Security and Another; Prince v Minister of Safety and Security and Another (56288/2008;56285/2008)

Isaac v Minister of Safety and Security and Another; Prince v Minister of Safety and Security and Another (56288/2008;56285/2008) [2015] ZAGPPHC 825 (7 December 2015)

The High Court held that police acted lawfully and in self-defence when shots were fired during a confrontation over suspected dagga possession.

  • Self Defence
  • Unlawful Arrest
  • Use Of Force By Police
  • Damages For Assault
  • Self-defence
  • Police-use-of-force
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Civil Procedure [2015] ZAFSHC 256

Njoku v Minister of Home Affairs and Others (3233/2013)

Njoku v Minister of Home Affairs and Others (3233/2013) [2015] ZAFSHC 256 (23 October 2015)

The court found that the plaintiff failed to prove he was unlawfully assaulted, arrested, or detained. The evidence showed that the plaintiff's permanent residence permit had lapsed due to the absence of a good faith spousal relationship, and any subsequent permit or extension was obtained on the basis of false information. The arrest was based on reasonable suspicion and was lawful under Section 41 of the Immigration Act. There was no credible evidence of malice or improper motive by the defendant's officials. The plaintiff's claims for damages were unsupported by medical or expert evidence,…

  • Unlawful Arrest
  • Immigration Permits
  • Reasonable Suspicion
  • Malicious Prosecution
  • Damages For Assault
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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.