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South Africa decisions
Decisions matching the current search
Ngobeni v Minister of Police (1838/2017) [2025] ZAGPPHC 553 (21 May 2025)
The High Court held that the Minister of Police was liable for damages after finding the plaintiff’s arrest, detention, and alleged assault unlawful.
Ranoto and Others v City of Tshwane Metropolitan Municipality (56794/2020) [2024] ZAGPPHC 1278 (29 November 2024)
High Court judgment on a police shooting during a vehicle chase. The court found the Metro Police acted in self-defence and necessity, dismissing the plaintiffs’ claims with costs.
Z.N obo C.N v Minister of Police (63901/2021) [2024] ZAGPPHC 1245 (22 November 2024)
The court found that the SAPS officer fired warning shots into a crowd during a protest without sufficient justification or imminent threat to life. The officer failed to account for where the bullets landed and did not follow established protocols for the use of force in crowd management. The evidence showed that only SAPS officers were present at the time of the shooting, and the plaintiff's witnesses provided consistent and corroborative testimony. The officer's actions were grossly negligent, reckless, and disproportionate, constituting a breach of the duty of care owed to the community.…
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Makamu v Minister of Police and Others (2019/519) [2024] ZAGPPHC 1023 (7 October 2024)
High Court decision finding police officers unlawfully shot, arrested and detained the plaintiff after an encounter during a crime-prevention stop.
Dlamini v Ntuli and Others (D4845/2015) [2024] ZAKZDHC 46; [2024] 3 All SA 826 (KZD) (19 July 2024)
The court found that the plaintiff's arrest was unlawful as there was no reasonable suspicion based on credible evidence that she had committed murder. The available evidence at the time of arrest pointed to suicide, not homicide, and the arresting officer failed to exercise the necessary caution and did not await forensic results that could have clarified the cause of death. The subsequent detention was also unlawful, as it flowed from the unlawful arrest. The police failed to disclose exculpatory gunshot residue evidence that would have exonerated the plaintiff, resulting in her prolonged d…
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Maleke v Minister of Police (3989/2021) [2023] ZAFSHC 448 (16 November 2023)
The High Court dismissed a damages claim arising from a police shooting, finding the officer acted in self-defence and the plaintiff's version was false.
Modise v Minister of Police (1916/2017) [2023] ZANWHC 89 (22 June 2023)
The High Court dismissed a delict claim arising from a protest-related shooting, finding the plaintiff failed to prove on a balance of probabilities that SAPS caused the wound.
Nemangwela v Road Accident Fund (437/2022) [2023] ZASCA 90; 2024 (2) SA 316 (SCA) (8 June 2023)
The Supreme Court of Appeal held that the Hyster 250 forklift does not qualify as a 'motor vehicle' under section 1 of the Road Accident Fund Act 56 of 1996. The court found that the forklift was designed primarily for loading and offloading goods within the private premises of the Spar store and was not intended for propulsion or haulage on a road. The evidence showed that its use on a public road was incidental and not its primary purpose. The court distinguished this case from Mbele, noting that the Reach Stacker in that matter was designed for use on roads in the harbor, whereas the Hyste…
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Engelbrecht v City of Tshwane Metropolitan Municipality [2023] ZAGPPHC 350; A85/2021 (4 May 2023)
The High Court dismissed an appeal against dismissal of a damages claim arising from an alleged assault and shooting by a metro police officer.
C.C.M v MEC For Health, Gauteng (10242/2017) [2023] ZAGPJHC 381 (25 April 2023)
High Court medical negligence matter arising from childbirth and follow-up surgery, where the court found the hospital staff negligent and causation proved.
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