South Africa Case Law

Minister of Police v Kulati (Appeal) (CA05/2022)

Minister of Police v Kulati (Appeal) (CA05/2022) [2025] ZAECMKHC 47 (23 May 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CA05/2022

Judges

RWN Brooks, NG Mjali, ZZ Matebese

The court held that section 59A of the Criminal Procedure Act does not impose a duty on police officials to initiate bail proceedings unless the detainee requests bail. The respondent was informed of his right to apply for bail, and there was no evidence that he wished to be released on bail prior to his first court appearance. The police fulfilled their statutory obligations by informing the respondent of his rights, and the absence of a request for bail meant that no further duty arose to facilitate bail. The approach adopted by the Supreme Court of Appeal in Coetzee was endorsed, and the c…

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• Unlawful Detention
• Police Duties
• Bail Application
• Section 59a Criminal Procedure Act
• Constitutional Right To Liberty
• Damages For Unlawful Detention

Minister of Police v Nirghin (AR107/24)

Minister of Police v Nirghin (AR107/24) [2025] ZAKZPHC 43 (25 April 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR107/24

Judges

Mathenjwa, Olsen

The High Court upheld an appeal against an unlawful arrest claim, holding that the arresting officer had reasonable suspicion and the claim failed.

• Unlawful Arrest
• Reasonable Suspicion
• Damages For Unlawful Detention
• Section 40 Criminal Procedure Act
• Unlawful-arrest
• Reasonable-suspicion

Foli v Minister of Police (CIV APP FB 14/2024)

Foli v Minister of Police (CIV APP FB 14/2024) [2025] ZANWHC 25 (3 February 2025)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 14/2024

Judges

Hendricks, Djaje, Morei

The court found that the arresting officer was a peace officer who, upon being pointed out by the complainant, searched the appellant and found a memory card containing photos of the complainant's family. The appellant failed to provide a satisfactory explanation for possession of the memory card, giving rise to a reasonable suspicion of an offence under section 36 of the General Law Amendment Act. Although section 36 is not specifically listed in Schedule 1 of the Criminal Procedure Act, it carries penalties equivalent to theft, which is a Schedule 1 offence. The value of the property is not…

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• Unlawful Arrest
• Damages For Unlawful Detention
• Section 40 Criminal Procedure Act
• Possession Of Suspected Stolen Property
• Schedule 1 Offences
• Pleading And Evidence

Minister of Police v Makhatholela and Others (A131/2024)

Minister of Police v Makhatholela and Others (A131/2024) [2025] ZAGPPHC 38 (21 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

A131/2024

Judges

Janse van Nieuwenhuizen, Francis-Subbiah, Motha

The court held that the arresting officer, constable Ledwaba, failed to establish a reasonable suspicion before arresting the respondents. He relied solely on the statement of the complainant without interviewing independent witnesses or requesting explanations from the respondents, despite having ample opportunity to do so. The officer's conduct did not meet the standard set out in Mabona and related authorities, which require a critical assessment of information and consideration of exculpatory explanations. The fact that the amount found on the third respondent exceeded the amount allegedl…

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• Unlawful Arrest
• Reasonable Suspicion
• Damages For Unlawful Detention
• Section 40 Criminal Procedure Act

Mphasa v Minister of Police (47242/2018)

Mphasa v Minister of Police (47242/2018) [2024] ZAGPPHC 1317 (18 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

47242/2018

Judge

Mathunzi AJ

The High Court held that the plaintiff’s arrest and detention were unlawful because police acted without reasonable grounds and without proper verification.

• Unlawful Arrest
• Damages For Unlawful Detention
• Section 40 Criminal Procedure Act
• Burden Of Proof
• Reasonableness Of Suspicion
• Unlawful-arrest

S.T.T and Others v Minister of Police (A2023/114372)

S.T.T and Others v Minister of Police (A2023/114372) [2024] ZAGPJHC 1180 (20 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/114372

Judges

Windell, Wilson, Mitchell

Appeal over unlawful arrest partly upheld: the arrest of four appellants was held unlawful, while the infant appellant’s claim failed.

• Unlawful Arrest
• Joint Possession
• Reasonable Suspicion
• Damages For Unlawful Detention
• Firearms Control Act
• Prescribed Rate Of Interest

Kganakga and Others v Minister of Police (3390/2016; 1636/2016)

Kganakga and Others v Minister of Police (3390/2016; 1636/2016) [2024] ZALMPPHC 59 (7 June 2024)

Court

Limpopo High Court, Polokwane

Case number

3390/2016; 1636/2016

Judge

T C Maphelela

The court found that the police had reasonable suspicion to arrest the first and third plaintiffs based on information from an informer, CCTV footage, and identification by victims. The police acted on credible information that a crime had been committed and another was imminent, and the vehicle used matched the description provided. The discretion to arrest was exercised reasonably under Section 40(1)(b) of the Criminal Procedure Act. Contradictions in the plaintiffs' evidence undermined their claims of inhuman treatment. The second plaintiff was mistakenly arrested and released within 24 ho…

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• Unlawful Arrest
• Reasonable Suspicion
• Damages For Unlawful Detention
• Identification Parade
• Section 40 Criminal Procedure Act
• Compensation For Wrongful Arrest

Gawie v Minister of Police (CA208/2022)

Gawie v Minister of Police (CA208/2022) [2024] ZAECMKHC 45 (21 January 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA208/2022

Judges

Zilwa, Eksteen

The High Court dismissed an appeal against the dismissal of an unlawful arrest and detention claim, finding a lawful arrest under section 40(1)(h) of the CPA.

• Unlawful Arrest
• Damages For Unlawful Detention
• Reasonable Suspicion
• Criminal Procedure Act
• Firearms Control Act
• Unlawful-arrest

Fouche v Minister of Police - Application for Leave to Appeal (94966/16)

Fouche v Minister of Police - Application for Leave to Appeal (94966/16) [2023] ZAGPPHC 1840 (19 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

94966/16

Judge

Barit

The court found that the applicant was lawfully arrested by the police after taking possession of a vehicle registered and paid for by the complainant, Rawlins, without her authority. The applicant failed to provide any credible evidence of ownership, relying on a worthless offer to purchase document. The police acted within their statutory powers under section 40 of the Criminal Procedure Act, and the arrest was justified. The threshold for granting leave to appeal under section 17(1) of the Superior Courts Act is stringent, requiring more than a mere possibility of success. The applicant di…

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• Unlawful Arrest
• Damages For Unlawful Detention
• Ownership Of Property
• Section 17 Superior Courts Act
• Constitutional Property Rights

Minister of Police v Henning (A31/22)

Minister of Police v Henning (A31/22) [2023] ZAGPPHC 717 (16 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

A31/22

Judges

Botsi-Thulare, C Van Der Westhuizen

The High Court dismissed an appeal against an unlawful-arrest judgment, holding the police lacked reasonable suspicion to arrest for theft under section 40(1)(b).

• Unlawful Arrest
• Damages For Unlawful Detention
• Reasonable Suspicion
• Section 40 Criminal Procedure Act
• Actio Iniuriarum
• Unlawful-arrest