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South Africa Case Law

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Criminal Law [2022] ZASCA 103

Diljan v Minister of Police (746/2021)

Diljan v Minister of Police (746/2021) [2022] ZASCA 103 (24 June 2022)

Court
Supreme Court of Appeal
Case number
746/2021
Judges
Petse, Gorven, Mabindla-Boqwana, Makaula, Phatshoane

The Supreme Court of Appeal held that police failed to exercise their discretion under section 40(1)(b) before arresting the appellant, making the arrest and detention unlawful.

  • Unlawful Arrest
  • Malicious Damage To Property
  • Quantum Of Damages
  • Exercise Of Discretion
  • General Damages
  • Detention Conditions
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Delict [2013] ZAGPPHC 536

Van Der Laarse v Minister of Police and Another (31378/2012)

Van Der Laarse v Minister of Police and Another (31378/2012) [2013] ZAGPPHC 536 (18 October 2013)

Court
North Gauteng High Court, Pretoria
Case number
31378/2012
Judge
Ebersohn

The High Court awarded damages for unlawful arrest and detention after police conceded the merits. The plaintiff received compensation, costs, and interest.

  • Unlawful Arrest
  • Detention Conditions
  • General Damages
  • Contumelia
  • Interest A Tempore Morae
  • Unlawful-arrest
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.