South Africa Case Law

Minister of Police v Nontsele (547/2022)

Minister of Police v Nontsele (547/2022) [2024] ZASCA 137; [2025] 1 All SA 44 (SCA) (11 October 2024)

Court

Supreme Court of Appeal

Case number

547/2022

Judges

Dambuza, Makgoka, Mabindla-Boqwana, Tolmay, Smith

The Supreme Court of Appeal held that it lacked jurisdiction to consider the respondent's cross-appeal in the absence of an application for leave to cross-appeal, as required by the Superior Courts Act. The respondent's claim for damages based on extended detention was premised on malicious prosecution and collusion between the police and prosecutor. However, the respondent failed to prove collusion, absence of reasonable and probable cause, or animus iniuriandi. The evidence showed that the police and prosecutor acted on information available at the time, including witness statements and the…

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• Malicious Prosecution
• Unlawful Detention
• Onus Of Proof
• Leave To Appeal
• Damages For Wrongful Detention

Pieterse v Minister of Police and Another (CA192/2023)

Pieterse v Minister of Police and Another (CA192/2023) [2024] ZAECMKHC 79 (16 July 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA 192/2023

Judges

A M Bodlani, J Eksteen

The court found that the arresting officer had reasonable grounds for suspicion based on fingerprint evidence linking the appellant to a housebreaking offence, and the arrest was lawful under section 40(1)(b) of the Criminal Procedure Act. However, the first respondent failed to justify the delay in bringing the appellant before a court on 13 August 2018, rendering the detention from 13h00 on that day until his appearance on 14 August 2018 unlawful. Furthermore, the prosecutors misled the court regarding the appellant's criminal record profile, resulting in unjustified postponements and conti…

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• Unlawful Arrest
• Unlawful Detention
• Damages For Wrongful Detention
• Constitutional Rights Of Arrested Persons
• Onus Of Justification
• Bail Postponement

Syce and Another v Minister of Police (1119/2022)

Syce and Another v Minister of Police (1119/2022) [2024] ZASCA 30; [2024] 2 All SA 662 (SCA); 2024 (2) SACR 1 (SCA) (27 March 2024)

Court

Supreme Court of Appeal

Case number

1119/2022

Judges

Makgoka, Carelse, Weiner, Goosen, Tokota

The Supreme Court of Appeal found that the arresting officer's alleged failure to exercise discretion was not properly pleaded or substantiated by evidence, and the arrest was lawful. However, the continued detention of Mr Syce after his blood sample and particulars were obtained was not justified, as the police failed to inform him of his right to apply for bail and did not provide evidence to justify his detention until release. The Minister bore the onus to prove lawfulness of detention and failed to discharge it. The high court erred in awarding costs for the interest appeal beyond the da…

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• Unlawful Arrest
• Unlawful Detention
• Police Discretion
• Damages For Wrongful Detention
• Interest On Damages
• Costs Award

Leeuw v Minister of Police and Another (477/2020)

Leeuw v Minister of Police and Another (477/2020) [2023] ZAGPJHC 1484 (29 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

477/2020

Judge

N Tshombe

The court found that the arresting officer failed to establish a reasonable suspicion that the plaintiff had committed the offence, relying solely on the plaintiff's hairstyle and vague informant information. The officer ignored other relevant evidence, such as the knife found at the scene and the description of the suspect, and did not exercise proper discretion. The prosecution continued despite a negative identification parade and absence of probable cause, with the prosecutor failing to consult witnesses timeously or consider exculpatory evidence. The court concluded that the arrest and d…

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• Unlawful Arrest
• Malicious Prosecution
• Damages For Wrongful Detention
• Reasonable Suspicion
• Quantum Of Damages
• Vicarious Liability

Croucamp and Another v Minister of Police (A205/2021)

Croucamp and Another v Minister of Police (A205/2021) [2022] ZAGPPHC 700 (23 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

A205/2021

Judges

D S Molefe, N Khumalo

The court found that the arresting officer, Constable Mentoor, had reasonable grounds to suspect the appellants of committing malicious damage to property, a Schedule 1 offence, based on the complaint and visible damage to the wall. The jurisdictional requirements for a lawful arrest without a warrant under section 40(1)(b) of the Criminal Procedure Act were satisfied. The discretion to arrest was exercised properly and in good faith. Regarding malicious prosecution, the appellants failed to prove that the arresting officer acted with malice or without reasonable and probable cause. The prose…

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• Unlawful Arrest
• Malicious Prosecution
• Vicarious Liability
• Damages For Wrongful Detention

Radasi v Minister of Police (5729/2019)

Radasi v Minister of Police (5729/2019) [2021] ZAGPJHC 79 (31 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

5729/2019

Judge

K E Matojane

The High Court held that the plaintiff’s warrantless arrest and detention were unlawful because police lacked reasonable suspicion under section 40(1)(b) of the CPA.

• Unlawful Arrest
• Damages For Wrongful Detention
• Constitutional Rights
• Quantum Of Damages
• Punitive Costs
• Mora Interest

Van deVenter v Minister of Police (87269/15)

Van deVenter v Minister of Police (87269/15) [2021] ZAGPPHC 64 (15 January 2021)

Court

North Gauteng High Court, Pretoria

Case number

87269/15

Judge

M J Teffo

The High Court held that the plaintiff’s arrest and detention were lawful because he was found in possession of a firearm without a licence in his name.

• Unlawful Arrest
• Damages For Wrongful Detention
• Firearms Control Act
• Section 40 Arrest
• Burden Of Proof Liability
• Unlawful-arrest

Minister of Police v Damons and Another (CA 29/2020)

Minister of Police v Damons and Another (CA 29/2020) [2020] ZAECGHC 122 (22 September 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 29/2020

Judges

R E Griffiths, Van Zyl

High Court appeal in a damages claim for alleged unlawful detention after arrest. The court held the magistrate misdirected itself and dismissed the claim.

• Unlawful Detention
• Damages For Wrongful Detention
• Onus Of Justification
• Section 40 Criminal Procedure Act
• Unlawful-detention
• Lawful-arrest

Willie v Minister of Police and Others (A170/2019)

Willie v Minister of Police and Others (A170/2019) [2020] ZAFSHC 122 (8 June 2020)

Court

Free State High Court, Bloemfontein

Case number

A170/2019

Judges

S Naidoo, P Molitsoane

Appeal dismissed in a wrongful arrest claim. The High Court held the appellant was lawfully arrested for drinking in public and the officers had lawfully detained her.

• Unlawful Arrest
• Damages For Wrongful Detention
• Peace Officer Discretion
• Warrantless Arrest
• Burden Of Proof
• Drinking In Public

Tesana and Others v National Director of Public Prosecutions (3844/2017)

Tesana and Others v National Director of Public Prosecutions (3844/2017) [2019] ZAECGHC 28 (19 March 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

3844/2017

Judge

C Plasket

The court found that the plaintiffs were not under arrest when they appeared in court, having been issued warnings under section 72 of the Criminal Procedure Act. The prosecutor failed to inform the magistrate of this fact, leading to the mistaken belief that the plaintiffs were in custody and necessitating a formal bail application. This omission was a breach of the public law duty to protect the plaintiffs' right to freedom. The magistrate's order for detention was causally linked to the prosecutor's failure to disclose the plaintiffs' status. The detention from 26 June 2015 to 3 July 2015…

Source excerpt

• Unlawful Detention
• Public Law Duty
• Damages For Wrongful Detention
• Constitutional Rights
• Causation
• Quantum Of Damages