South Africa Case Law

Amajouyi v Minister of Police (536/23)

Amajouyi v Minister of Police (536/23) [2025] ZANWHC 77 (7 May 2025)

Court

North West High Court, Mafikeng

Case number

536/23

Judge

Wessels

The court found that the plaintiff's arrest and detention were effected without justification, explanation, or compliance with statutory requirements. The defendant failed to discharge the onus of proving lawfulness. The search of the plaintiff's residence was conducted without a warrant or consent, in violation of constitutional rights to privacy and dignity. The SAPS failed to bring the plaintiff before a court, and the detention lasted five days. The plaintiff's claim for damages for loss of property and damage to property failed due to insufficient evidence and lack of proper pleading. Th…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• Warrantless Search
• Damages For Loss Of Property
• Constitutional Right To Privacy
• Quantum Of Damages

Masipa v Mahlathi and Another (A264/18)

Masipa v Mahlathi and Another (A264/18) [2020] ZAGPPHC 203 (4 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

A264/18

Judges

S. A. M. Baqwa, F. Botes

The High Court upheld an appeal against refusal of rescission, finding no wilful default and a bona fide defence. The default judgment was set aside.

• Rescission Of Judgment
• Wilful Default
• Service Of Process
• Bona Fide Defence
• Eviction
• Damages For Loss Of Property

Scheltema Beleggings CC v Commercial Truck and Trailer Sales CC (35420/08)

Scheltema Beleggings CC v Commercial Truck and Trailer Sales CC (35420/08) [2010] ZAGPPHC 28 (1 April 2010)

Court

North Gauteng High Court, Pretoria

Case number

35420/08

Judge

Legodi

The High Court held that a special notarial bond sufficiently described a truck and trailer, and that their sale was not in the ordinary course of business.

• Special Notarial Bond
• Security By Means Of Movable Property Act
• Ordinary Course Of Business
• Purchase Price Recovery
• Damages For Loss Of Property
• Special-notarial-bond