South Africa Case Law

N[...] v N[...] (A120/2024)

N[...] v N[...] (A120/2024) [2025] ZAFSHC 160 (4 June 2025)

Court

Free State High Court, Bloemfontein

Case number

A120/2024

Judges

Daffue, Daniso

The appeal court found that the trial court correctly evaluated the evidence and credibility of the parties. The appellant failed to prove on a balance of probabilities that the respondent assaulted him or maliciously instituted proceedings against him. The appellant's version was improbable and motivated by financial interests, while the respondent's actions were bona fide and aimed at ensuring her safety. The trial court's findings were supported by the record, and there was no misdirection warranting interference. The requirements for malicious proceedings were not met, and the appellant's…

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• Assault
• Malicious Institution Of Proceedings
• Onus Of Proof
• Mutually Destructive Versions
• Self Defence
• Damages For Pain And Suffering

Mtetwa v Minister Of Police (19234/2015)

Mtetwa v Minister Of Police (19234/2015) [2023] ZAGPJHC 1294 (10 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

19234/2015

Judge

Ntuli

The court found that the arresting officers failed to exercise the discretion required by section 40(1)(b) of the Criminal Procedure Act, as they did not apply their minds to objective facts relating to the plaintiff's circumstances. The suspicion leading to the arrest was unreasonable, and the officers did not verify the plaintiff's account or investigate further. The detention conditions were inhumane, and the refusal to provide medication amounted to assault. The defendant failed to rebut the plaintiff's evidence regarding detention conditions and denial of medication. The arrest and deten…

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• Unlawful Arrest
• Unlawful Detention
• Damages For Pain And Suffering
• Constitutional Right To Liberty
• Onus Of Justification
• Failure To Exercise Discretion

Mokalapa v Minister of Police (49336/2014)

Mokalapa v Minister of Police (49336/2014) [2018] ZAGPPHC 564 (3 August 2018)

Court

North Gauteng High Court, Pretoria

Case number

49336/2014

Judge

Nyathi

The court found that the police officers acted on a reasonable suspicion when they arrested the plaintiff, who was found inside a stolen vehicle with items believed to be stolen. The arrest was effected without a warrant but complied with the requirements of section 40 of the Criminal Procedure Act. The evidence of the police officers was consistent and credible, while the plaintiff's version was improbable and unsupported by the facts. The shooting occurred during a crossfire initiated by suspects at the scene, and there was no evidence that the plaintiff was intentionally shot by the police…

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• Wrongful Arrest
• Unlawful Detention
• Section 40 Criminal Procedure Act
• Reasonable Suspicion
• Police Liability
• Damages For Pain And Suffering

Mokabatlhobolo v Minister van Polisie (1141/2015)

Mokabatlhobolo v Minister van Polisie (1141/2015) [2016] ZANWHC 62 (1 December 2016)

Court

North West High Court, Mafikeng

Case number

1141/2015

Judge

Hendricks

The court found that the arresting officer, Sgt. Setatwe, had reasonable grounds to suspect the plaintiff of theft and unlawful possession of stock, based on credible information from informants, inspection of cattle and brandmarks, and statements from witnesses. The suspicion was objectively reasonable and satisfied the requirements of section 40(1)(b) and (g) of the Criminal Procedure Act and section 9 of the Stock Theft Act. The officer acted within his powers and discretion, and the arrest was lawful. The plaintiff failed to prove that his rights were infringed or that the arrest was arbi…

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• Unlawful Arrest
• Unlawful Detention
• Stock Theft Act
• Reasonable Suspicion
• Damages For Pain And Suffering

Malashe v Minister of Safety & Security (78/2013)

Malashe v Minister of Safety & Security (78/2013) [2016] ZAECMHC 27 (26 May 2016)

Court

Eastern Cape High Court, Mthatha

Case number

78/2013

Judge

N G Beshe

The High Court held that the plaintiff proved unlawful assault by police during a firearm search and arrest, awarding damages for pain, humiliation, and contumelia.

• Unlawful Assault
• Damages For Pain And Suffering
• Shock And Humiliation
• Civil Liability Of State
• Burden Of Proof
• Delict

Malashe v Minister of Safety and Security (78/2013)

Malashe v Minister of Safety and Security (78/2013) [2016] ZAECMHC 24 (26 May 2016)

Court

Eastern Cape High Court, Mthatha

Case number

78/2013

Judge

N G Beshe

The High Court held that police unlawfully assaulted the plaintiff during a firearm search and arrest, awarding damages for pain, suffering, humiliation, and contumelia.

• Unlawful Assault
• Damages For Pain And Suffering
• Shock And Embarrassment
• Onus Of Proof
• Credibility Of Witnesses
• Unlawful-assault

Thusi and Another v Minister of Safety And Security (1442713)

Thusi and Another v Minister of Safety And Security (1442713) [2014] ZAGPJHC 387 (12 December 2014)

Court

South Gauteng High Court, Johannesburg

Case number

1442713

Judge

Vally

The High Court held the plaintiffs’ arrest lawful but found they were unlawfully assaulted by police and awarded damages of R100,000 and R80,000.

• Unlawful Arrest
• Police Assault
• Damages For Pain And Suffering
• Vicarious Liability
• Quantum Of Damages
• Unlawful-arrest

Fondling v Minister of Correctional Services (584/08)

Fondling v Minister of Correctional Services (584/08) [2009] ZAECPEHC 29 (25 June 2009)

Court

Eastern Cape High Court, Port Elizabeth

Case number

584/08

Judge

J C H Jansen

The High Court dismissed a prisoner's damages claim after finding his allegations of assault and indecent assault were inconsistent and not proved on balance.

• Unlawful Assault
• Vicarious Liability
• Damages For Pain And Suffering
• Constitutional Right To Integrity
• Unlawful-assault
• Indecent-assault