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South Africa decisions
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van Rooyen v Minister of Police (CA 332/2018) [2020] ZAECGHC 44 (26 March 2020)
The High Court upheld an appeal for wrongful detention after an overnight arrest, holding that arrest and detention are separate and awarding R35,000 damages.
Mahleza v Minister of Police and Another (5293/2016) [2019] ZAECGHC 137; 2020 (1) SACR 392 (ECG) (12 December 2019)
The court found that the plaintiff's arrest was unlawful as the arresting officer failed to critically assess the available information and acted primarily on instructions rather than independent reasonable suspicion. The subsequent detention until 12 January 2016 was a foreseeable consequence of the unlawful arrest, as the mechanical remand at the first court appearance was inevitable and the police knew or ought to have known that bail would not be considered until a formal application was heard. Public policy and constitutional norms require that the Minister of Police be held liable for t…
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