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South Africa Case Law

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Delict [2012] ZAECPEHC 92

Funde v Minister of Police (905/2010)

Funde v Minister of Police (905/2010) [2012] ZAECPEHC 92 (11 December 2012)

The court found the plaintiff's evidence credible and consistent, while the police officers' version was equivocal, contradictory, and unsupported by documentary evidence. The court rejected the defendant's claim that the plaintiff gave permission for the search and found that the police unlawfully entered and searched the plaintiff's home. The court further found that the plaintiff was assaulted and tortured by the police, suffering a severe invasion of privacy and emotional trauma. The police officers' reasons for handcuffing and assaulting the plaintiff were found to be fabricated and unju…

  • Invasion Of Privacy
  • Assault By Police
  • Damages For Torture
  • Constitutional Rights Violation
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