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South Africa Case Law

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Delict [2025] ZAGPPHC 46

T.M v Minister of Police (33413/2015)

T.M v Minister of Police (33413/2015) [2025] ZAGPPHC 46 (21 January 2025)

The High Court held that the plaintiff made out a case that he witnessed police assault and humiliate his father, causing emotional shock and psychological trauma.

  • Emotional Shock
  • Psychological Trauma
  • Police Assault
  • Humiliation
  • Unlawful Arrest
  • Emotional-shock
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Delict [2017] ZAGPPHC 557

Ngwenya v Minister of Police (61929/14)

Ngwenya v Minister of Police (61929/14) [2017] ZAGPPHC 557 (17 August 2017)

The court found that the plaintiff was unlawfully arrested and detained for five days due to mistaken identity and negligence by SAPS members. The defendant failed to plead and conceded liability, leaving only the quantum of damages in dispute. The court considered previous awards in similar cases and the absence of aggravating features, except that the plaintiff is a woman who was incarcerated for five days. The court held that damages should not enrich the plaintiff but must provide adequate solatium for the deprivation of liberty and resulting humiliation. Taking into account the facts and…

  • Unlawful Arrest
  • Unlawful Detention
  • Quantum Of Damages
  • Vicarious Liability
  • Pain And Suffering
  • Humiliation
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Delict [2016] ZAGPPHC 704

R.N.M v T.T and Another (64816/2013)

R.N.M v T.T and Another (64816/2013) [2016] ZAGPPHC 704 (16 August 2016)

The High Court awarded delictual damages for a brutal public assault and humiliation, granting R150,000 against the first defendant and R15,000 against the second.

  • Assault
  • Damages Quantum
  • Humiliation
  • General Damages
  • Interest On Award
  • Delict
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