South Africa Case Law

M.J v Minister of Police and Another (1191/2022)

M.J v Minister of Police and Another (1191/2022) [2025] ZAECMHC 17 (11 March 2025)

Court

Eastern Cape High Court, Mthatha

Case number

1191/2022

Judge

Rusi

The court found that while the arresting officer had some grounds for suspicion based on a confession and circumstantial information, she failed to properly exercise her discretion by not verifying the confession or pursuing available investigative avenues, such as fingerprint comparison, before arresting the plaintiff. The arrest was thus arbitrary and lacked a rational basis, rendering both the arrest and subsequent detention until first court appearance unlawful. Regarding post-court appearance detention, the arresting officer failed to provide the prosecutor and court with necessary infor…

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• Unlawful Arrest
• Malicious Prosecution
• Exercise Of Discretion
• Detention Post Court Appearance
• Reasonable Suspicion
• Damages Liability

T.N v Minister of Police (2579/2020)

T.N v Minister of Police (2579/2020) [2024] ZAECMHC 95 (17 December 2024)

Court

Eastern Cape High Court, Mthatha

Case number

2579/2020

Judge

Zono

The court found that the plaintiff was unlawfully arrested on 7 June 2019 by Constable Ginya, who exercised authority and deprived the plaintiff of liberty without reasonable suspicion or justification. The warning statement completed at the police station confirmed the arrest, and the defendant failed to justify the deprivation of liberty. On 2 August 2019, the plaintiff was again arrested by police officers who failed to introduce themselves or inform him of his rights, violating both the substantive and procedural components of his constitutional liberty. The arrest was triggered by compla…

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• Unlawful Arrest
• Wrongful Detention
• Action Iniuriarum
• Constitutional Rights
• Section 40 Criminal Procedure Act
• Damages Liability

D.V.M.T v Minister of Police (2021/51114)

D.V.M.T v Minister of Police (2021/51114) [2024] ZAGPJHC 921 (30 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/51114

Judge

Raubenheimer

The High Court held that a domestic-violence arrest and detention were unlawful because the officer failed to assess imminent harm and apply the prescribed statutory factors.

• Domestic Violence Act
• Unlawful Arrest
• Police Discretion
• Protection Order
• Damages Liability
• Domestic-violence-act

Du Toit v Minister of Police and Another (23923/2015)

Du Toit v Minister of Police and Another (23923/2015) [2024] ZAGPPHC 530 (7 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

23923/2015

Judge

Neukircher

The court found that the traffic officer was not empowered under Government Gazette R209 to effect an arrest, as his powers were limited to issuing written notices and executing warrants. Even if the officer could invoke s40(1)(a) of the Criminal Procedure Act, he was required to exercise discretion, which he failed to do, as he was unaware of such discretion and arrested the plaintiff as a matter of routine. The plaintiff had provided verifiable identification, cooperated fully, and posed no flight risk, making arrest unnecessary. The SAPS, upon receiving the plaintiff, were required to exer…

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• Unlawful Arrest
• Unlawful Detention
• Peace Officer Powers
• Constitutional Rights
• Discretion In Arrest
• Damages Liability

Ngcobo and Another v Minister of Police (4755/2017)

Ngcobo and Another v Minister of Police (4755/2017) [2023] ZAKZPHC 123; - (20 October 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4755/2017

Judge

Mngadi

The High Court held the Minister of Police liable for unlawful arrest, detention and malicious prosecution of two men, postponing quantum for later determination.

• Unlawful Arrest
• Malicious Prosecution
• Warning Statements
• Confession Admissibility
• Constitutional Rights
• Damages Liability

Tshabalala v Moekoena (5566/2021)

Tshabalala v Moekoena (5566/2021) [2023] ZAFSHC 357 (12 September 2023)

Court

Free State High Court, Bloemfontein

Case number

5566/2021

Judge

Berry

The High Court held the defendant liable for damages after finding, on a balance of probabilities, that his dog attacked the plaintiff. Quantum was postponed.

• Liability For Animal Attacks
• Ownership Of Dogs
• Identification Of Animals
• Damages Liability
• Delict
• Animal-attacks

Qondani v Minister Of Police (76015/2018)

Qondani v Minister Of Police (76015/2018) [2023] ZAGPPHC 1919 (17 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

76015/2018

Judge

Oosthuizen-Senekal

The High Court held that the plaintiff’s arrest and detention for murder were unlawful because the officer lacked a reasonable suspicion based on proper investigation.

• Unlawful Arrest
• Unlawful Detention
• Section 40 Criminal Procedure Act
• Reasonable Suspicion
• Constitutional Rights
• Damages Liability

Smit and Others v Minister of Police (410/2018; 411/2018; 409/2018)

Smit and Others v Minister of Police (410/2018; 411/2018; 409/2018) [2022] ZANWHC 62 (3 November 2022)

Court

North West High Court, Mafikeng

Case number

410/2018; 411/2018; 409/2018

Judge

Reddy

The defendant admitted the arrest and detention of the plaintiffs, thereby bearing the onus to justify their lawfulness. The arresting officer, W/O Nortman, failed to meet the jurisdictional requirements for a lawful arrest under section 40(1)(b) of the Criminal Procedure Act. She did not entertain a reasonable suspicion based on the available evidence, did not link the plaintiffs to a Schedule 1 offence, and failed to investigate exculpatory explanations or interview key witnesses prior to arrest. The pointing of a firearm under the Firearm Control Act does not constitute a Schedule 1 offenc…

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• Unlawful Arrest
• Unlawful Detention
• Actio Iniuriarum
• Onus Of Proof
• Criminal Procedure Act Section 40
• Damages Liability

Sibanda v The Minister of Police (24475/2005)

Sibanda v The Minister of Police (24475/2005) [2022] ZAGPJHC 634 (2 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

24475/2005

Judge

Mdalana-Mayisela

The court found the plaintiff and his witness to be credible and their evidence corroborated by independent facts, including medical documentation and the conduct of residents. The defence witnesses contradicted themselves on material aspects and failed to provide medical evidence to support their version. The court rejected the defence's contention that the plaintiff's injuries were pre-existing and found the plaintiff discharged the onus of proof that Warrant Officer Muller assaulted him, causing injuries. The defendant, as employer, is vicariously liable for the wrongful conduct of its emp…

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• Assault By Police
• Vicarious Liability
• Onus Of Proof
• Separation Of Issues
• Damages Liability

Rapp Van Zyl Inc and Others v First Rand Bank and Others (4653/15)

Rapp Van Zyl Inc and Others v First Rand Bank and Others (4653/15) [2022] ZAWCHC 62; [2022] 3 All SA 437 (WCC) ; 2022 (5) SA 245 (WCC) (28 April 2022)

Court

Western Cape High Court, Cape Town

Case number

4653/15

Judge

M Sher

The High Court held that defamatory allegations in an interdict affidavit were actionable and not protected by qualified privilege, making the defendants liable.

• Defamation
• Qualified Privilege
• Abuse Of Process
• Professional Ethics
• Damages Liability
• Insolvency Act Application