South Africa Case Law

Nefale v Minister of Police (82307/2018)

Nefale v Minister of Police (82307/2018) [2024] ZAGPPHC 441 (29 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

82307/2018

Judge

Swanepoel

The plaintiff was unlawfully arrested and detained by police officers who targeted him solely because of his Rastafarian religious appearance. The arresting officers fabricated an offence and failed to inform the plaintiff of the reason for his arrest or his rights. The plaintiff endured humiliation, trauma, and degrading treatment during his detention, including assault and exposure to unsanitary conditions. The defendant failed to discharge the onus of proving the lawfulness of the arrest and led no evidence to challenge the plaintiff's version. The quantum of damages awarded reflects the s…

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• Unlawful Arrest
• Unlawful Detention
• Damages Quantum
• Human Dignity
• Religious Discrimination
• Costs Award

Tshesebe v Minister of Police (1334/2018)

Tshesebe v Minister of Police (1334/2018) [2024] ZANWHC 59 (5 March 2024)

Court

North West High Court, Mafikeng

Case number

1334/2018

Judge

S Mfenyana

The High Court found the plaintiff’s arrest and detention unlawful, holding that the police failed to prove a lawful basis for arrest and detention.

• Unlawful Arrest
• Unlawful Detention
• Vicarious Liability
• Onus Of Proof
• Damages Quantum
• Unlawful-arrest

Motupa v Minister of Police (2017/11257)

Motupa v Minister of Police (2017/11257) [2023] ZAGPJHC 1502 (21 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2017/11257

Judge

Moorcroft

The court found that the correspondence between the parties, specifically the written offer by the State Attorney and its acceptance by the applicant's attorneys, constituted a binding and enforceable settlement agreement covering all outstanding issues in the litigation. The State Attorney had at least ostensible authority to settle the claim, and the respondent was bound by the agreement. The absence of agreement on ancillary matters such as costs of senior counsel or making the agreement an order of court did not prevent contractual force. There were no genuine factual disputes precluding…

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• Settlement Agreement
• Ostensible Authority
• Damages Quantum
• Interest On Judgment
• Costs Order

Jacobson v Finch (18830/2020)

Jacobson v Finch (18830/2020) [2023] ZAWCHC 115 (22 May 2023)

Court

Western Cape High Court, Cape Town

Case number

18830/2020

Judge

Lekhuleni

The court found that the respondent had defamed the applicant but had twice issued sincere, written apologies, including posting them on the same Facebook page where the defamatory statements were made. The apologies were acknowledged by the applicant and his wife. The applicant himself was found to have made offensive and defamatory posts on social media and had published personal information of another individual, contributing to the community conflict. The court held that the respondent's apologies were adequate compensation for the injury to the applicant's dignity and reputation, and tha…

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• Defamation
• Apology As Remedy
• Injury To Dignity
• Damages Quantum
• Social Media Liability

Booysen and Another v Minister of Police (486/2017)

Booysen and Another v Minister of Police (486/2017) [2023] ZANWHC 23 (3 March 2023)

Court

North West High Court, Mafikeng

Case number

486/2017

Judge

I Matlapeng

The court found that the plaintiffs were unlawfully arrested and detained by the police without a warrant, and the defendant failed to discharge the onus of justification, as the only evidence was the plaintiffs' uncontradicted testimony. The conditions of detention were appalling and aggravated the harm suffered. The court determined that R300,000 per plaintiff was fair and reasonable compensation, referencing comparable awards in similar cases. Costs were awarded on the Magistrates' Court scale except for Counsel's costs, which were on the High Court scale. Reserved costs were allocated as…

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• Unlawful Arrest And Detention
• Damages Quantum
• Constitutional Right To Liberty
• Onus Of Justification
• Solatium
• Costs Award

Phaleng-Podile v Dovey (28223/2020)

Phaleng-Podile v Dovey (28223/2020) [2022] ZAGPJHC 656 (6 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

28223/2020

Judge

Todd

The court found that, although the word 'racist' is capable of being defamatory, in the specific context of the Whatsapp group exchange, reasonable members would not have thought less of the applicant as a result of the respondent's statement. The context included prior insults by the applicant and interventions by other group members and the chairman, which made it clear the respondent's comment was unjustified and not taken seriously. The applicant failed to plead a claim for iniuria, which might have succeeded on the evidence, but any damages awarded would have been nominal given her own c…

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• Defamation
• Injuria
• Whatsapp Group Publication
• Damages Quantum
• Interdict Requirements

Wigg v Minister of Police (2187/2019)

Wigg v Minister of Police (2187/2019) [2022] ZAMPMHC 6 (27 May 2022)

Court

Middelburg High Court, Mpumalanga

Case number

2187/2019

Judge

Langa

The High Court awarded R540,000 for unlawful arrest, brief detention, and humiliation after police arrested the plaintiff in public and conducted a strip search.

• Unlawful Arrest
• Damages Quantum
• Actio Iniuriarum
• Dignity And Privacy
• Constitutional Rights Infringement
• Unlawful-arrest

Minister of Justice and Constitutional Development and Another v Masia (A13/2019)

Minister of Justice and Constitutional Development and Another v Masia (A13/2019) [2021] ZAGPPHC 428; 2021 (2) SACR 425 (GP) (28 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

A13/2019

Judges

C N Van Heerden, TLHAPI VV

The High Court held that a magistrate maliciously ordered a maintenance litigant’s detention, making the Minister of Justice vicariously liable; the police appeal succeeded.

• Unlawful Arrest And Detention
• Judicial Immunity
• Vicarious Liability
• Damages Quantum
• Section 12 Constitution
• Malicious Conduct

Molefe v Minister of Police (433/2019)

Molefe v Minister of Police (433/2019) [2020] ZANWHC 63 (22 October 2020)

Court

North West High Court, Mafikeng

Case number

433/2019

Judge

Noncembu

High Court quantum judgment awarding R90,000 for unlawful arrest and detention after the defendant conceded liability.

• Unlawful Arrest
• Unlawful Detention
• Damages Quantum
• Section 12 Constitution
• Personal Liberty
• Unlawful-arrest

Minister of Police v Jack (1100/2014)

Minister of Police v Jack (1100/2014) [2019] ZAECPEHC 71 (17 October 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1100/2014

Judge

NG Beshe

The High Court dismissed an application for leave to appeal in a damages claim arising from a shooting incident, finding no reasonable prospect of success.

• Leave To Appeal
• Police Liability
• Negligence
• Damages Quantum
• Costs Award
• Leave-to-appeal