South Africa Case Law

Lambrakis v Minister of Police and Others (6109/2021)

Lambrakis v Minister of Police and Others (6109/2021) [2025] ZAGPJHC 223 (28 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

6109/2021

Judge

Malungana

The court found that the police did not properly exercise their discretion to arrest the plaintiff. The evidence showed that Whitfield Super Spar sold only prepacked food, not hot cooked food, and complied with COVID-19 regulations. The plaintiff's role was administrative, and there was no reasonable basis to suspect him of contravening the Disaster Management Act. The police failed to establish a rational link between the plaintiff's conduct and any offence under the regulations. The arrest and subsequent detention were therefore unlawful. The plaintiff is entitled to damages, with quantum t…

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• Unlawful Arrest
• Unlawful Detention
• Damages For Wrongful Arrest
• Covid Regulations
• Discretion To Arrest
• Constitutional Right To Freedom

Hlape v Minister of Police (426/2023)

Hlape v Minister of Police (426/2023) [2024] ZASCA 68; 2024 (2) SACR 148 (SCA) (3 May 2024)

Court

Supreme Court of Appeal

Case number

426/2023

Judges

Nicholls, Mothle, Weiner, Molefe, Kgoele

The Supreme Court of Appeal dismissed an appeal over alleged unlawful arrest and detention after finding the arrest lawful and no basis for damages.

• Unlawful Arrest
• Unlawful Detention
• Damages For Wrongful Arrest
• Discretion To Arrest
• Bail Rights
• Unlawful-arrest

J.V v Minister of Police and Others (3700/2018)

J.V v Minister of Police and Others (3700/2018) [2023] ZAFSHC 440 (6 November 2023)

Court

Free State High Court, Bloemfontein

Case number

3700/2018

Judge

Daniso

The High Court held that a warrantless arrest and detention for domestic assault were lawful, finding reasonable suspicion and dismissing the plaintiff’s damages claim.

• Unlawful Arrest
• Unlawful Detention
• Domestic Violence Act
• Damages
• Discretion To Arrest
• Unlawful-arrest

Minister of Police v Gqamane (226/2022)

Minister of Police v Gqamane (226/2022) [2023] ZASCA 61; 2023 (2) SACR 427 (SCA) (3 May 2023)

Court

Supreme Court of Appeal

Case number

226/2022

Judges

Dambuza, Molemela, Mbatha, Goosen, Siwendu

The SCA held that the High Court wrongly raised discretion to arrest on its own, where it was not pleaded or fully canvassed at trial.

• Unlawful Arrest
• Domestic Violence
• Discretion To Arrest
• Onus Of Proof
• Damages For Unlawful Detention
• Unlawful-arrest

Mathunjwa v Minister of Police (A3134/2021)

Mathunjwa v Minister of Police (A3134/2021) [2023] ZAGPJHC 12 (11 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A3134/2021

Judges

Dlamini, Crutchfield

The court found that Captain Nkosi failed to exercise proper discretion and did not investigate contradictory statements or the cause of death before arresting the appellant. The arrest was based on an unlawful informal identity parade and unverified information. The respondent did not discharge the onus of proving the lawfulness of the arrest and detention. The appellant suffered indignity, loss of employment, and reputational harm due to unlawful detention. Considering the period of detention, conditions, and comparable awards, the court held that the arrest and detention were unlawful and…

Source excerpt

• Unlawful Arrest And Detention
• Damages Assessment
• Constitutional Right To Freedom
• Onus Of Proof
• Reasonable Suspicion
• Discretion To Arrest

Lawu and Another v Minister of Police (12400/17; 12401/17)

Lawu and Another v Minister of Police (12400/17; 12401/17) [2021] ZAGPPHC 290 (24 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

12400/17; 12401/17

Judge

Neukircher

The court found that the police officers failed to exercise their discretion to arrest reasonably under section 40(1)(b) of the Criminal Procedure Act. The officers did not properly investigate the allegations, ignored the plaintiffs' explanations, and were aware of the plaintiffs' addresses, making arrest unnecessary to secure attendance at court. The arrest and subsequent detention until the plaintiffs' first court appearance were therefore unlawful. However, the continued detention after the first appearance was due to the prosecutor and court's decisions, constituting a novus actus and br…

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• Unlawful Arrest
• Unlawful Detention
• Police Liability
• Schedule 1 Offence
• Discretion To Arrest

J.S v Minister of Police (892/2020)

J.S v Minister of Police (892/2020) [2021] ZAECGHC 29 (18 March 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

892/2020

Judge

M.J. Lowe

The High Court dismissed an exception to a claim for unlawful arrest and detention, holding that the pleadings were not vague and embarrassing.

• Unlawful Arrest
• Unlawful Detention
• Exception Procedure
• Child Rights
• Discretion To Arrest
• Unlawful-arrest

Ntuli and Another v S (2858/2017)

Ntuli and Another v S (2858/2017) [2021] ZAGPPHC 149 (10 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

2858/2017

Judge

E M Kubushi

The court found that the arresting officer, Colonel Grobler, had reasonable suspicion to arrest the plaintiffs for kidnapping based on the matching vehicle description, the presence and identification of the alleged victim, and corroborating information received during the police briefing. The officer exercised discretion rationally and in good faith, considering the seriousness of the offence and the circumstances. The plaintiffs were brought before court within the statutory period as extended by law, and their detention was lawful. The plaintiffs failed to plead or prove any new cause of a…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• Vicarious Liability
• Reasonable Suspicion
• Discretion To Arrest

Minister of Police v Gqanqasi (A209/2017)

Minister of Police v Gqanqasi (A209/2017) [2018] ZAGPPHC 802 (28 February 2018)

Court

North Gauteng High Court, Pretoria

Case number

A209/2017

Judges

G.T Avvakoumides, S Baqwa

The High Court dismissed an appeal against a damages award for unlawful arrest and detention, finding the arrest under section 40(1)(q) was not justified.

• Unlawful Arrest
• Damages For Unlawful Detention
• Domestic Violence
• Discretion To Arrest
• Section 40 Criminal Procedure Act
• Unlawful-arrest

Naidoo v Minister of Police (1462/14)

Naidoo v Minister of Police (1462/14) [2016] ZANWHC 83 (1 December 2016)

Court

North West High Court, Mafikeng

Case number

1462/14

Judge

Gutta

The High Court held that the plaintiff’s arrest and detention for suspected unlawful firearm possession were lawful, and dismissed both damages claims with costs.

• Unlawful Arrest
• Detention
• Firearms Control Act
• Reasonable Suspicion
• Damages
• Discretion To Arrest