South Africa Case Law

S v P H (117/2024)

S v P H (117/2024) [2024] ZAWCHC 108; 2024 (2) SACR 68 (WCC) (22 April 2024)

Court

Western Cape High Court, Cape Town

Case number

117/2024

Judges

Lekhuleni, Nziweni

The High Court found that the respondent was denied his statutory and constitutional rights to legal representation and procedural due process during the committal enquiry. Although the respondent initially indicated a willingness to represent himself, he later expressly requested legal representation and the opportunity to call expert witnesses. The magistrate failed to adjourn the proceedings to allow the respondent to secure legal representation and did not adequately explain his rights to cross-examine witnesses or present evidence. The committal order, which resulted in a serious depriva…

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• Involuntary Committal
• Right To Legal Representation
• Procedural Due Process
• Drug Dependency Act
• Deprivation Of Liberty

Malgas and Another v Minister of Justice and Correctional Services (Special plea) (73418/2016)

Malgas and Another v Minister of Justice and Correctional Services (Special plea) (73418/2016) [2024] ZAGPPHC 182 (15 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

73418/2016

Judge

Makhoba

The High Court dismissed a prescription special plea in a wrongful detention claim, holding the plaintiffs’ cause of action was complete only when their convictions were set aside in 2015.

• Prescription Act
• Wrongful Detention
• Deprivation Of Liberty
• Special Plea
• Quantum Postponement
• Prescription

Lesomo v Minister of Police (436/2017)

Lesomo v Minister of Police (436/2017) [2023] ZANWHC 161 (12 September 2023)

Court

North West High Court, Mafikeng

Case number

436/2017

Judge

A H Petersen

The court awarded R75,000 for unlawful arrest and three days’ detention, stressing the poor cell conditions, lack of apology, and broader factors in quantum.

• Unlawful Arrest
• Unlawful Detention
• Quantification Of Damages
• Deprivation Of Liberty
• Unlawful-arrest
• Unlawful-detention

Papana and Others v Minister of Police - Appeal Judgment (CA47/2022)

Papana and Others v Minister of Police - Appeal Judgment (CA47/2022) [2023] ZAECMKHC 82 (8 August 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CA 47/2022

Judges

Bands, D Van Zyl

The court found that the appellants' arrest was lawful, as conceded by their counsel and supported by uncontested evidence. However, the trial court misdirected itself regarding the lawfulness of the detention period at court from 08h00 to 12h00 on 27 July 2020, which was not justified by any intervening event and remained unlawful. The administrative processing justified detention only until 14h00 on 25 July 2020. The trial court further erred in differentiating damages between male and female appellants without cogent reason and in considering the cumulative award's impact on the public pur…

Source excerpt

• Unlawful Detention
• Quantum Of Damages
• Covid Regulations
• Arrest Without Warrant
• Deprivation Of Liberty
• Costs Award

Masiteng v Minister of Police (A139/2022)

Masiteng v Minister of Police (A139/2022) [2023] ZAFSHC 175 (12 May 2023)

Court

Free State High Court, Bloemfontein

Case number

A139/2022

Judges

M.R. Rantho, N.S. Daniso

Appeal against a R30,000 award for unlawful arrest and 42 hours’ detention was dismissed; the High Court found no basis to interfere with the quantum.

• Unlawful Arrest
• Deprivation Of Liberty
• Quantum Of Damages
• Contumelia
• Assessment Of General Damages
• Stare Decisis

Sandlana v Minister of Police and Another (5546/2016)

Sandlana v Minister of Police and Another (5546/2016) [2023] ZAWCHC 102; 2023 (2) SACR 84 (WCC) (11 May 2023)

Court

Western Cape High Court, Cape Town

Case number

5546/2016

Judge

P.A.L Gamble

The High Court held that the plaintiff’s arrest for intimidation was unlawful because the officer lacked reasonable suspicion under section 40(1)(b) of the CPA.

• Unlawful Arrest
• Intimidation Act
• Damages Assessment
• Deprivation Of Liberty
• Quantification Of Non Patrimonial Loss
• Unlawful-arrest

Khanyi v Minister of Police (16/13227)

Khanyi v Minister of Police (16/13227) [2023] ZAGPJHC 434 (8 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

16/13227

Judge

Molahlehi

The High Court held that Mr Khanyi’s arrest and detention without a warrant were unlawful and awarded him R250,000 in damages plus interest.

• Unlawful Arrest
• Unlawful Detention
• Damages Quantification
• Deprivation Of Liberty
• Constitutional Rights
• Police Misconduct

Dikome v Minister of Police (CA28/2022)

Dikome v Minister of Police (CA28/2022) [2023] ZAECMKHC 15 (7 February 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CA28/2022

Judges

M Gwala, N G Beshe

Appeal against an inadequate damages award for unlawful arrest and detention. The High Court increased the general damages from R10,000 to R30,000.

• Unlawful Arrest And Detention
• Quantum Of General Damages
• Deprivation Of Liberty
• Dignity Invasion
• Rule 34 Settlement Offer
• Unlawful-arrest-and-detention

Khumalo v Minister of Police (25376/2007)

Khumalo v Minister of Police (25376/2007) [2022] ZAGPJHC 337 (17 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

25376/2007

Judge

R. Strydom

High Court trial judgment on unlawful police assault, arrest and detention. The plaintiff succeeded on liability, but her miscarriage claim failed for lack of causation.

• Unlawful Arrest
• Assault By Police
• Deprivation Of Liberty
• General Damages
• Causation
• Loss Of Amenities

Mashile and Others v Minister of Police and Another (77818/2014, 77826/2014, 77825/2014, 77827/2014)

Mashile and Others v Minister of Police and Another (77818/2014, 77826/2014, 77825/2014, 77827/2014) [2017] ZAGPPHC 1039 (22 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

77818/2014, 77826/2014, 77825/2014, 77827/2014

Judge

SP Mothle

The High Court held the defendants liable for unlawful arrest and detention, awarding each of four plaintiffs R180,000 plus costs of one counsel.

• Unlawful Arrest
• Unlawful Detention
• Damages Assessment
• Deprivation Of Liberty
• Constitutional Rights
• Costs Award