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South Africa decisions
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Standard Bank of South Africa Limited v Baxter (Leave to Appeal) (26936/2015) [2025] ZAGPJHC 724 (23 July 2025)
The High Court refused leave to appeal, finding no reasonable prospects of success on the alleged disputes about a power of attorney, property value, or damages.
Mantashe v Zuma (2025/094050) [2025] ZAGPJHC 697 (16 July 2025)
The court found that the respondent's statements on TikTok and other social media platforms, alleging that the applicant received R40 million from ERP Mine intended for former mineworkers, were objectively defamatory. The respondent failed to provide credible evidence to substantiate his claims and did not report the matter to the police. The defence of truth and public benefit was unavailing, as the respondent relied on hearsay and unsupported affidavits. The statements imputed dishonesty and lack of integrity to the applicant, a government minister, and were widely disseminated, causing ong…
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Muziwenkosi v Minister of Police (18474/2012) [2025] ZAGPJHC 672 (10 July 2025)
The High Court awarded R650,000 for unlawful arrest and detention after finding SAPS lacked objectively reasonable grounds and acted humiliatingly.
Likanga v Minister of Police (2022/17032) [2025] ZAGPJHC 652 (30 June 2025)
The court found that the plaintiff's version of events was improbable and not supported by evidence. The arresting officer was a peace officer, the offence occurred in his presence, and the arrest was justified under s 40(1)(a) of the Criminal Procedure Act. The officer exercised discretion rationally and in good faith, only arresting the plaintiff after repeated interference and warnings. The plaintiff was informed of his rights, including bail, and his detention was lawful pending necessary verifications. There was no unreasonable delay or failure to consider bail, as the plaintiff did not…
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Ndimane v Minister of Police and Another (2021/8902) [2025] ZAGPJHC 639 (25 June 2025)
The court found that the plaintiff's arrest and detention were unlawful, as the defendants failed to provide any justification or evidence to support their actions. The prosecution was malicious, with no reasonable or probable cause established, and the only version before the court was that of the plaintiff. The plaintiff was detained for six months under degrading conditions, and the charges were withdrawn due to lack of evidence. The court considered comparable awards in similar cases and determined that fair compensation for the plaintiff's suffering, loss of dignity, and deprivation of l…
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Mdluli v Minister of Police (1928/2023) [2025] ZAMPMBHC 55 (18 June 2025)
The High Court awarded damages for unlawful arrest, detention, and assault by police, finding two days’ detention and limited assault proved on the evidence.
Newnet Properties (Pty) Ltd t/a Sunshine Hospital v Road Accident Fund and Another (062312/2024) [2025] ZAGPPHC 561 (22 May 2025)
The court found that the statement made by the second respondent on 15 March 2024, accusing the applicant of involvement in a corrupt scheme and overcharging, was clear, unequivocal, and defamatory. The respondents failed to provide sufficient factual basis or evidence to support their defences of truth, public interest, or fair comment. The answering affidavit was vague and lacked detail regarding the investigative reports allegedly relied upon. Applying the Plascon-Evans test, the court rejected the respondents' version as untenable. The continued publication of similar statements by the re…
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Mulaudzi v Motsepe (40978/19) [2025] ZAGPJHC 389 (22 April 2025)
The High Court dismissed an application to compel discovery in a defamation suit, finding the requested financial and phone records irrelevant to the pleaded issues.
Knoetze v Botes N.O (1802/2020) [2025] ZAECMKHC 37 (15 April 2025)
The court held the developer liable for damages after finding it fraudulently failed to disclose a latent roof-truss defect that caused a fire.
Maetso v Minister of Police of the Republic of South Africa and Another (3115/2023) [2025] ZANWHC 61 (28 March 2025)
The plaintiff's arrest and detention by SAPS members was uncontested and found to be unlawful. The first defendant, as employer, is vicariously liable for the conduct of SAPS members acting within the course and scope of their employment. The deprivation of liberty was not justified, and the plaintiff's evidence of psychological harm stands uncontested. The quantum of damages was determined with reference to relevant authorities and the particular facts, including the duration of detention, conditions experienced, and the impact on the plaintiff's dignity and reputation. The Court exercised i…
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