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South Africa decisions
Decisions matching the current search
Fouche v Minister of Police (A59/2024) [2024] ZAGPPHC 1176 (11 November 2024)
Appeal dismissed in an unlawful arrest claim arising from the arrest of the appellant in possession of an Audi A1 reported stolen.
Kepadisa v Minister of Police (A2024/070143, 34/2022) [2024] ZAGPJHC 1040 (16 October 2024)
The High Court set aside a magistrate’s dismissal of an unlawful arrest claim and remitted the matter so the appellant could still give rebuttal evidence.
Mkiwane v Motapanyane and Others (516/2018) [2024] ZAFSHC 301 (18 September 2024)
High Court ruling admitting hearsay statements and docket material from deceased police officers in a civil claim for unlawful arrest and detention.
Mokoena v Minister of Police and Another (38226/20) [2024] ZAGPJHC 818 (22 August 2024)
The court found that Detective Kwenaite, as a peace officer, entertained a reasonable suspicion that the plaintiff had committed a schedule 1 offence, based on credible information provided by the victim, Andile, who positively identified the plaintiff as one of the perpetrators. The arrest was justified under section 40(1)(b) of the Criminal Procedure Act. The subsequent detention was lawful, as the offences fell within schedule 6 and police bail was not available. The plaintiff's version that he was arrested solely due to his dreadlocks and that investigations were not properly conducted wa…
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Bhekinkosi and Others v Minister of Police and Others (88521/2018) [2024] ZAGPPHC 620 (18 June 2024)
The court held that the plaintiffs’ warrantless arrest, detention, and prosecution were unlawful and malicious, finding insufficient grounds under section 40(1)(b).
Maqa v Minister of Police and Another (CIV APP RC 12/2023) [2024] ZANWHC 63 (7 March 2024)
The High Court dismissed an appeal against a damages claim for unlawful arrest and detention, holding the warrantless arrest was based on reasonable suspicion.
Ncube v Minister of Police and Another (35306/2016) [2023] ZAGPJHC 515 (18 May 2023)
The court found that the arresting officer had reasonable grounds to suspect the plaintiff of involvement in the house robbery, based on eyewitness identification and the link between the plaintiff and the vehicle used in the crime. The requirements of section 40(1)(b) of the Criminal Procedure Act were satisfied, and the discretion to arrest was exercised lawfully. The police were not required to conduct further investigation before arresting, and the evidence available at the time justified both the arrest and detention. The withdrawal of charges after representations did not render the arr…
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Mohale and Another v Minister of South African Police Services (1440/2020) [2023] ZANWHC 84 (3 March 2023)
The court refused the plaintiffs’ application for judgment against the defendant and held that the arrest and detention dispute must proceed to trial.
Simelane v Minister of Police (A3033/22) [2023] ZAGPJHC 75 (1 February 2023)
The High Court dismissed an appeal over alleged unlawful arrest and detention, finding the police had reasonable suspicion under section 40(1)(h) and exercised discretion lawfully.
Gomolemo v Minister of Police (2601/2018) [2022] ZANWHC 21 (21 June 2022)
High Court dismissed the plaintiff’s application for judgment at the close of the defendant’s case in a damages action arising from arrest and detention.
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