South Africa Case Law

Masilo v Minister of Police and Another (205/2020)

Masilo v Minister of Police and Another (205/2020) [2022] ZAFSHC 234 (19 September 2022)

Court

Free State High Court, Bloemfontein

Case number

205/2020

Judge

DE KOCK, AJ

The court found that the arresting officer failed to exercise discretion and arrested the Plaintiff solely for being present in a group, without any reasonable suspicion or evidence linking him to the murder. The Plaintiff was denied an opportunity to explain his innocence, and exculpatory evidence from a key witness was ignored. The prosecution proceeded without reasonable and probable cause, relying only on a statement that identified another individual as the perpetrator. The Plaintiff's version and the witness's exoneration were uncontested. The Defendants failed to justify the arrest, de…

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• Unlawful Arrest
• Malicious Prosecution
• Detention Without Trial
• Common Purpose Liability
• Quantification Of Damages

Mnisi and Others v Barberton Mines Proprietary Ltd and Another (2495/19)

Mnisi and Others v Barberton Mines Proprietary Ltd and Another (2495/19) [2019] ZAMPMBHC 2 (2 August 2019)

Court

Mbombela High Court, Mpumalanga

Case number

2495/19

Judge

Roelofse

The court found that none of the grounds of appeal raised by the applicants had merit. The previous orders were valid and binding until set aside, and the applicants were obliged to comply. The order did not immediately issue warrants of arrest but provided for such action only upon disobedience, with procedural safeguards under Section 50 of the Criminal Procedure Act. The court was empowered to issue coercive orders to ensure compliance, and the applicants were afforded opportunities to challenge allegations of contempt. There was no reasonable prospect that another court would reach a diff…

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• Civil Contempt Of Court
• Leave To Appeal
• Personal Service
• Detention Without Trial
• Section 50 Criminal Procedure Act

Swartz v Minister of Police and Another (24128/2017)

Swartz v Minister of Police and Another (24128/2017) [2019] ZAGPJHC 193 (18 June 2019)

Court

South Gauteng High Court, Johannesburg

Case number

24128/2017

Judge

K E Matojane

The court found that the arresting officer had reasonable suspicion to arrest the plaintiff for armed robbery, satisfying the jurisdictional requirements for a warrantless arrest under section 40(1)(b) of the Criminal Procedure Act. The subsequent detention after the first court appearance was lawful, as the prosecutor had a prima facie case based on the complainant's identification and corroborating medical evidence. The statement by Ms Willet did not exonerate the plaintiff, as it did not contradict the complainant's version and did not remove the reasonable prospect of conviction. The pros…

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• Unlawful Arrest
• Malicious Prosecution
• Detention Without Trial
• Prima Facie Case
• Reasonable Suspicion

Cheba and Others v Minister of Police and Others (520/2018)

Cheba and Others v Minister of Police and Others (520/2018) [2018] ZALMPPHC 6 (13 February 2018)

Court

Limpopo High Court, Polokwane

Case number

520/2018

Judge

D Nair

Ethiopian applicants sought release from safe care and asylum permits, but the High Court held their detention should proceed under trafficking legislation, with compliance directives.

• Human Trafficking
• Asylum Seekers
• Detention Without Trial
• Visitor Visa
• Constitutional Rights
• Refugee Status

Lawyers for Human Rights v Minister of Home Affairs and Others (CCT38/16)

Lawyers for Human Rights v Minister of Home Affairs and Others (CCT38/16) [2017] ZACC 22; 2017 (10) BCLR 1242 (CC); 2017 (5) SA 480 (CC) (29 June 2017)

Court

Constitutional Court

Case number

CCT 38/16

Judges

Mogoeng, Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Mojapelo, Pretorius, Zondo

Section 34(1)(b) and (d) of the Immigration Act 13 of 2002 are inconsistent with sections 12(1) and 35(2)(d) of the Constitution because they permit administrative detention without automatic judicial oversight and do not allow detainees to challenge the lawfulness of their detention in person before a court. The provisions confer broad discretionary powers on immigration officers without adequate guidance or procedural safeguards, offending the rule of law and failing to protect vulnerable foreigners' rights. The State's justification based on increased costs and logistical challenges is ins…

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• Detention Without Trial
• Judicial Oversight
• Immigration Act
• Bill Of Rights Limitation
• Separation Of Powers

Simelane v Minister of Police (37807/2014)

Simelane v Minister of Police (37807/2014) [2016] ZAGPPHC 340 (9 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

37807/2014

Judge

Skosana

The High Court held that the plaintiff’s warrantless arrest and detention were unlawful because the officer lacked reasonable grounds for suspicion.

• Unlawful Arrest
• Detention Without Trial
• Damages For Contumelia
• Constitutional Rights Violation
• Unlawful-arrest
• Unlawful-detention

Jansen and Others v Minister of Police and Another (3186/12)

Jansen and Others v Minister of Police and Another (3186/12) [2015] ZAECPEHC 17 (31 March 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3186/12

Judge

E Revelas

The court held that the police had a reasonable suspicion to arrest and detain the plaintiffs, and dismissed their claims for unlawful arrest and malicious prosecution.

• Unlawful Arrest
• Malicious Prosecution
• Detention Without Trial
• Constitutional Right To Liberty
• Onus Of Justification
• Prima Facie Case

Bekker v Minister of Safety And Security and Another (7944/2010)

Bekker v Minister of Safety And Security and Another (7944/2010) [2014] ZAKZDHC 53 (31 July 2014)

Court

Kwazulu-Natal High Court, Durban

Case number

7944/2010

Judge

Rowan

The High Court held the plaintiff’s arrest and detention unlawful because the arresting officer failed to properly exercise her discretion under section 40(1)(b).

• Unlawful Arrest
• Section 40 Criminal Procedure Act
• Bill Of Rights Limitation
• Malicious Arrest
• Detention Without Trial
• Police Discretion

Sikuola v Minister of Home Affairs and Others (08174/12)

Sikuola v Minister of Home Affairs and Others (08174/12) [2012] ZAGPJHC 98 (18 May 2012)

Court

South Gauteng High Court, Johannesburg

Case number

08174/12

Judge

Kathree-Setiloane

The High Court held that a foreign national’s detention at Lindela was unlawful for non-compliance with immigration regulations and invalid permit cancellation.

• Unlawful Detention
• Immigration Permits
• Procedural Fairness
• Promotion Of Administrative Justice Act
• Detention Without Trial
• Unlawful-detention

Malachi v Cape Dance Academy Int (Pty) Ltd and Others (14830/09)

Malachi v Cape Dance Academy Int (Pty) Ltd and Others (14830/09) [2010] ZAWCHC 1; 2010 (7) BCLR 678 (WCC) [2010] 3 All SA 86 (WCC) (7 January 2010)

Court

Western Cape High Court, Cape Town

Case number

14830/09

Judge

Hlophe JP

The High Court held that arrest tanquam suspectus de fuga was unconstitutional and invalid, and deleted the words from section 30 of the Magistrates’ Courts Act.

• Arrest Tanquam Suspectus De Fuga
• Magistrates Courts Act
• Detention Without Trial
• Bill Of Rights Limitation
• Enforcement Of Foreign Judgments
• Arrest-tanquam-suspectus-de-fuga