South Africa Case Law

Minister of Police v Sabisa and Another (725/2023)

Minister of Police v Sabisa and Another (725/2023) [2024] ZASCA 105; 2024 (2) SACR 553 (SCA) (28 June 2024)

Court

Supreme Court of Appeal

Case number

725/2023

Judges

Mocumie, Mabindla-Boqwana, Koen, Coppin, Smith

The Supreme Court of Appeal found that the Minister failed to prove the lawfulness of the arrest and detention of the respondents. The police did not comply with section 39(2) of the Criminal Procedure Act, as the warrants were not produced at the time of arrest nor were the respondents informed of their existence. The respondents were unlawfully detained in Butterworth, which was not a police station nor a place stated in the warrant, and subsequently held in hospital for nine days without a court order authorising such detention as required by section 50(1)(d)(ii). The Minister's reliance o…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• Assault
• Criminal Procedure Act
• Damages For Contumelia
• Execution Of Warrant

Robberts v Ekurhuleni Metropolitan Municipality (02858/16)

Robberts v Ekurhuleni Metropolitan Municipality (02858/16) [2018] ZAGPJHC 407 (9 March 2018)

Court

South Gauteng High Court, Johannesburg

Case number

02858/16

Judge

TS Kekana

High Court application to compel further discovery under Rule 35(7) dismissed because the requested municipal-account documents were found irrelevant.

• Discovery Procedure
• Relevance Of Evidence
• Unlawful Arrest
• Damages For Contumelia
• Financial Loss
• Civil-procedure

Hunter v Minister of Police (922/2016)

Hunter v Minister of Police (922/2016) [2017] ZANWHC 123 (30 November 2017)

Court

North West High Court, Mafikeng

Case number

922/2016

Judge

R D Hendricks

The High Court held that the plaintiff’s arrest and detention were lawful under section 40(1)(b) of the Criminal Procedure Act, and dismissed the claim with costs.

• Unlawful Arrest
• Unlawful Detention
• Reasonable Suspicion
• Section 40 Criminal Procedure Act
• Damages For Contumelia
• Unlawful-arrest

Moenyane v Minister of Police (922/2016)

Moenyane v Minister of Police (922/2016) [2017] ZANWHC 114 (30 November 2017)

Court

North West High Court, Mafikeng

Case number

922/2016

Judge

R D Hendricks

The High Court dismissed a claim for unlawful arrest and detention, finding reasonable suspicion under section 40(1)(b) and detention of less than 48 hours.

• Unlawful Arrest
• Wrongful Detention
• Reasonable Suspicion
• Section 40 Criminal Procedure Act
• Damages For Contumelia
• Unlawful-arrest

Simelane v Minister of Police (37807/2014)

Simelane v Minister of Police (37807/2014) [2016] ZAGPPHC 340 (9 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

37807/2014

Judge

Skosana

The High Court held that the plaintiff’s warrantless arrest and detention were unlawful because the officer lacked reasonable grounds for suspicion.

• Unlawful Arrest
• Detention Without Trial
• Damages For Contumelia
• Constitutional Rights Violation
• Unlawful-arrest
• Unlawful-detention

Ramatshimbila v Phaswana (199/13)

Ramatshimbila v Phaswana (199/13) [2014] ZASCA 117 (19 September 2014)

Court

Supreme Court of Appeal

Case number

199/13

Judges

Cachalia, Willis, Saldulker, Zondi, Gorven

The Supreme Court of Appeal upheld an exception to the main claim in part, but allowed the alternative misrepresentation claim to stand and granted leave to amend.

• Putative Marriage
• Universal Partnership
• Non Joinder
• Fraudulent Misrepresentation
• Damages For Contumelia
• Exception Procedure

Kruger v Minister of Safety and Security and Another (A 259/09)

Kruger v Minister of Safety and Security and Another (A 259/09) [2010] ZAWCHC 550 (12 November 2010)

Court

Western Cape High Court, Cape Town

Case number

A 259/09

Judges

RCA Henney, E Moosa

The High Court upheld an appeal over a protest-scene assault by a police reservist, finding the appellant’s evidence credible and awarding damages for contumelia.

• Assault By Police
• Damages For Contumelia
• Credibility Of Witnesses
• Onus Of Proof
• Assault
• Police-misconduct