South Africa Case Law

Monareng v Minister of Police (2081/2020)

Monareng v Minister of Police (2081/2020) [2025] ZAFSHC 229 (5 August 2025)

Court

Free State High Court, Bloemfontein

Case number

2081/2020

Judge

Opperman

The court found that the SAPS Special Task Force members acted lawfully and within the bounds of section 49 of the Criminal Procedure Act. The operation was based on credible intelligence regarding dangerous suspects involved in violent crimes. The SAPS members were properly briefed, used marked vehicles and a helicopter, and attempted a box-in manoeuvre to effect arrest. The plaintiff's vehicle fled, and shots were fired at the police from the suspect vehicle. Forensic evidence linked the plaintiff to the firearm found in the vehicle, which had an erased serial number and was unlicensed. The…

Source excerpt

• Use Of Force In Arrest
• Section 49 Criminal Procedure Act
• Vicarious Liability
• Damages For Police Shooting
• Onus Of Proof
• Proportionality Of Force

Mondlane and Others v Minister of Safety and Security (05/27921)

Mondlane and Others v Minister of Safety and Security (05/27921) [2011] ZAGPPHC 68; 2011 (2) SACR 425 (GNP) (29 April 2011)

Court

North Gauteng High Court, Pretoria

Case number

05/27921

Judge

Zondo

The court dismissed claims for unlawful arrest and detention, but held that police shooting of two plaintiffs was unlawful and that the Minister was liable.

• Unlawful Arrest
• Unlawful Detention
• Vicarious Liability
• Use Of Force In Arrest
• Section 49 Criminal Procedure Act
• Damages For Police Shooting