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South Africa Case Law

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Civil Procedure [2025] ZANWHC 76

Makhubele v Minister of Police and Another (1320/2021)

Makhubele v Minister of Police and Another (1320/2021) [2025] ZANWHC 76 (25 April 2025)

The High Court dismissed a claim for unlawful arrest, detention, and assault, finding the police had reasonable grounds to arrest the plaintiff under section 40(1)(b).

  • Unlawful Arrest
  • Detention
  • Reasonable Suspicion
  • Section 40 Criminal Procedure Act
  • Assault
  • Admission Of Guilt Fine
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Civil Procedure [2025] ZAGPJHC 219

Nooe v Minister of Police and Another (2021/7425)

Nooe v Minister of Police and Another (2021/7425) [2025] ZAGPJHC 219 (4 March 2025)

The High Court granted leave to appeal over when a debt becomes due for notice under the Organs of State Act in an unlawful arrest and detention claim.

  • Institution Of Legal Proceedings Against Organs Of State Act
  • Unlawful Arrest
  • Malicious Prosecution
  • Prescription Of Claims
  • Leave-to-appeal
  • Unlawful-arrest
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Civil Procedure [2025] ZAGPJHC 34

Dlamini and Others v Minister of Police (50725/2021)

Dlamini and Others v Minister of Police (50725/2021) [2025] ZAGPJHC 34 (21 January 2025)

The High Court refused leave to appeal, finding no reasonable prospects of success under section 17 of the Superior Courts Act.

  • Leave To Appeal
  • Unlawful Arrest
  • Detention
  • Police Discretion
  • Prospects Of Success
  • Leave-to-appeal
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Civil Procedure [2024] ZAGPJHC 1306

Mabe v Minister of Police and Others (2019/23157)

Mabe v Minister of Police and Others (2019/23157) [2024] ZAGPJHC 1306 (19 December 2024)

The High Court dismissed a damages claim for unlawful arrest and detention, finding reasonable suspicion for arrest based on stolen goods, a suspect vehicle, and tampered engine numbers.

  • Unlawful Arrest
  • Detention
  • Reasonable Suspicion
  • Criminal Procedure Act
  • Onus Of Proof
  • Unlawful-arrest
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Civil Procedure [2024] ZAGPPHC 1201

Mogale v Minister of Police and Others (36031/2019)

Mogale v Minister of Police and Others (36031/2019) [2024] ZAGPPHC 1201 (18 November 2024)

The High Court dismissed claims for wrongful arrest, assault, malicious prosecution, and denial of medical support after finding the arrest and detention justified.

  • Wrongful Arrest
  • Malicious Prosecution
  • Assault
  • Constitutional Damages
  • Onus Of Proof
  • Wrongful-arrest
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Civil Procedure [2024] ZAGPJHC 1040

Kepadisa v Minister of Police (A2024/070143, 34/2022)

Kepadisa v Minister of Police (A2024/070143, 34/2022) [2024] ZAGPJHC 1040 (16 October 2024)

The High Court set aside a magistrate’s dismissal of an unlawful arrest claim and remitted the matter so the appellant could still give rebuttal evidence.

  • Unlawful Arrest
  • Burden Of Proof
  • Magistrates Court Rules
  • Damages For Detention
  • Unlawful-arrest
  • Burden-of-proof
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Civil Procedure [2024] ZAGPPHC 832

Van Vuuren N.O and Another v Director of Public Prosecutions and Another (Leave to Appeal) (26135/2017)

Van Vuuren N.O and Another v Director of Public Prosecutions and Another (Leave to Appeal) (26135/2017) [2024] ZAGPPHC 832 (13 August 2024)

The High Court granted leave to appeal after finding another court may reach a different conclusion on claims for wrongful arrest, detention, and malicious prosecution.

  • Leave To Appeal
  • Wrongful Arrest
  • Malicious Prosecution
  • Detention
  • Prospects Of Success
  • Leave-to-appeal
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Delict [2024] ZAGPJHC 953

Dlamini and Others v Minister of Police (50725/2021)

Dlamini and Others v Minister of Police (50725/2021) [2024] ZAGPJHC 953 (26 June 2024)

The High Court held that the Minister proved the lawfulness of the plaintiffs’ arrest and overnight detention for assault GBH, kidnapping and intimidation.

  • Unlawful Arrest
  • Detention
  • Assault Gbh
  • Onus Of Proof
  • Schedule 1 Offences
  • Unlawful-arrest
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Delict [2024] ZAGPPHC 637

Molaudzi v Minister of Police (72804/2014; 71742/2014)

Molaudzi v Minister of Police (72804/2014; 71742/2014) [2024] ZAGPPHC 637 (13 June 2024)

The High Court held that the arrest and detention of Sarah Jane and Kabelo Mark Molaudzi were lawful and dismissed their damages claims.

  • Unlawful Arrest
  • Vicarious Liability
  • Detention
  • Reasonable Suspicion
  • Constitutional Rights
  • Unlawful-arrest
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Civil Procedure [2024] ZAFSHC 195

Mathopo v Minister of Police and Another (4391/2022)

Mathopo v Minister of Police and Another (4391/2022) [2024] ZAFSHC 195 (10 June 2024)

The High Court granted condonation for late notice under the state-liability notice Act after finding good cause, no prescription issue, and no unreasonably proven prejudice.

  • Condonation
  • Institution Of Legal Proceedings Against Organs Of State Act
  • Late Notice
  • Good Cause
  • Unlawful Arrest
  • Damages Claim
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.