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South Africa decisions
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Mlotshwa v Minister of Police and Another (34336/16) [2023] ZAGPPHC 663 (10 August 2023)
The High Court held that the warrantless arrest and detention were lawful because the officer had reasonable suspicion based on the complainant’s identification.
Poswa v Minister of Police (642/2021) [2022] ZAECMHC 26 (18 August 2022)
The High Court held that Yandisa Poswa’s arrest and detention were unlawful and awarded R95,000 in damages for about 3.5 days’ deprivation of liberty.
Accom and Others v Minister of Police (CA89/2021) [2021] ZAECGHC 112 (2 December 2021)
The High Court held that police failed to properly exercise their discretion before arresting three appellants for alleged dagga possession, making the arrests and detention unlawful.
Barnard v Minister of Police and Another (CA286/18) [2019] ZAECGHC 58; [2019] 3 All SA 481 (ECG); 2019 (2) SACR 362 (ECG) (31 May 2019)
The High Court held that a warrantless arrest for suspected possession of stolen goods was unlawful because the officer failed to exercise discretion properly.
Nsele v Minister of Police (CIV APP RC:04/18) [2018] ZANWHC 74 (6 December 2018)
The High Court upheld an appeal against dismissal of an unlawful arrest and detention claim, finding no reasonable suspicion for the warrantless arrest.
Ngwenya v Minister of Police (A3128/2017) [2018] ZAGPJHC 610 (29 October 2018)
The court found that the arresting officer's suspicion was not based on reasonable grounds, as the information from Ayanda Sidu was unreliable and had previously been proven false. The police failed to corroborate the information and did not exercise reasonable discretion in arresting the appellant. The continued detention was also unlawful, as the investigating officer did not provide a fair and objective statement of facts to the prosecutor and court, despite knowing the weakness of the case against the appellant. The appellant was deprived of his liberty for 27 days without just cause, in…
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Mohammed v Minister of Police (3920/2014) [2018] ZAGPPHC 289 (10 January 2018)
The defendant bore the onus to prove that the plaintiff committed an offence in the presence of a peace officer, thereby justifying the arrest under section 40(1)(a) of the Criminal Procedure Act. The court found the defendant's version to be improbable, contradictory, and tailored to fit the statutory requirements. The evidence presented by the plaintiff and his witness was credible and consistent, establishing that the plaintiff was in his shop and did not act in a riotous or aggressive manner. The defendant failed to discharge the onus to justify the arrest and detention, which were theref…
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Mtola v Minister of Police (CA23/16) [2017] ZAECMHC 56 (29 June 2017)
The High Court held that the appellant’s arrest lacked reasonable grounds and that his detention after arrest was unlawful. Damages and High Court-scale costs were awarded.
Okonkwo v Minister of Home Affairs and Another (EL 464/2012, ECD1164/2012) [2015] ZAECELLC 8 (30 June 2015)
The High Court awarded R750,000 for 75 days’ unlawful detention without trial, citing severe humiliation, poor conditions, and constitutional rights violations.
Jacobs v Minister of Safety and Security (CA 327/2012) [2013] ZAECGHC 95 (23 September 2013)
Appeal against dismissal of a damages claim for alleged wrongful arrest and detention after a robbery investigation; the High Court upheld the arrest and dismissed the appeal.
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