Fourie v Minister of Police (CIV APP FB03/2024) [2024] ZANWHC 312 (31 October 2024)
Court
North West High Court, Mafikeng
Case number
CIV APP FB03/2024
Judges
DJAJE, MFENYANA, MAKOTI
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.
Mbana v Minister of Police [2023] ZAGPPHC 247; 54035/21 (29 March 2023)
Court
North Gauteng High Court, Pretoria
Case number
54035/21
Judge
Molotsiaj
The High Court found the plaintiff was lawfully arrested and detained after obstructing police during enforcement of Covid-19 regulations. His assault claim failed.
Nkosi and Another v Minister of Police and Another (A10/2021) [2021] ZAMPMHC 33 (24 November 2021)
Court
Middelburg High Court, Mpumalanga
Case number
A10/2021
Judges
J Mtimunye, M.T Mankge, S.S Mphahlele
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.
Phakula v Minister of Safety and Security (454/19) [2020] ZASCA 109 (23 September 2020)
Court
Supreme Court of Appeal
Case number
454/19
Judges
Petse, Mocumie, Dlodlo, Eksteen, Poyo-Dlwati
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.
Mngomezulu v Ethekwini Metropolitan Municipality (079/2018) [2019] ZASCA 91 (3 June 2019)
Court
Supreme Court of Appeal
Case number
079/2018
Judges
Leach, Dambuza, Molemela, Schippers, Eksteen
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.
Mosepele v Mokgethi and Another (393/2015) [2019] ZANWHC 27 (23 May 2019)
Court
North West High Court, Mafikeng
Case number
393/2015
Judge
R D Hendricks
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.
Minister of Police v Scholtz (A939/14) [2018] ZAGPPHC 907 (28 November 2018)
Court
North Gauteng High Court, Pretoria
Case number
A939/14
Judges
Van der Westhuizen, Raulinga, Cambanis
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.
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)
Court
North Gauteng High Court, Pretoria
Case number
56288/2008;56285/2008
Judge
MD MOHLAMONYANE
The High Court held that police acted lawfully and in self-defence when shots were fired during a confrontation over suspected dagga possession.
Njoku v Minister of Home Affairs and Others (3233/2013) [2015] ZAFSHC 256 (23 October 2015)
Court
Free State High Court, Bloemfontein
Case number
3233/2013
Judge
Mocumie
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,…