South Africa Case Law

Maetso v Minister of Police of the Republic of South Africa and Another (3115/2023)

Maetso v Minister of Police of the Republic of South Africa and Another (3115/2023) [2025] ZANWHC 61 (28 March 2025)

Court

North West High Court, Mafikeng

Case number

3115/2023

Judge

Titus

The plaintiff's arrest and detention by SAPS members was uncontested and found to be unlawful. The first defendant, as employer, is vicariously liable for the conduct of SAPS members acting within the course and scope of their employment. The deprivation of liberty was not justified, and the plaintiff's evidence of psychological harm stands uncontested. The quantum of damages was determined with reference to relevant authorities and the particular facts, including the duration of detention, conditions experienced, and the impact on the plaintiff's dignity and reputation. The Court exercised i…

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• Unlawful Arrest
• Unlawful Detention
• Damages Quantification
• Vicarious Liability
• Condonation
• Institution Of Legal Proceedings Against State

L.B and Another v Member of the Executive Council for Health North West Provincial Government (1637/2022)

L.B and Another v Member of the Executive Council for Health North West Provincial Government (1637/2022) [2025] ZANWHC 64 (20 March 2025)

Court

North West High Court, Mafikeng

Case number

1637/2022

Judge

Titus

The court held the provincial health department liable for negligent maternity care that led to a newborn’s death and related emotional harm to the parents.

• Medical Negligence
• Vicarious Liability
• Emotional Distress
• Wrongful Death
• Standard Of Care
• Institution Of Legal Proceedings Against State

Mphahlwa v MEC for Health: Eastern Cape (761/2923)

Mphahlwa v MEC for Health: Eastern Cape (761/2923) [2024] ZAECBHC 34 (19 November 2024)

Court

Eastern Cape High Court, Bhisho

Case number

761/2923

Judge

Nkele

The court dismissed an exception to special pleas in a medical negligence action, holding that Rule 23(1)(a) notice was required before alleging vagueness.

• Exception Procedure
• Vague And Embarrassing Pleading
• Prescription Act
• Institution Of Legal Proceedings Against State
• Uniform Rules Of Court
• Exception-procedure

July v Minister of Police (1172/2018)

July v Minister of Police (1172/2018) [2024] ZANWHC 99 (8 April 2024)

Court

North West High Court, Mafikeng

Case number

1172/2018

Judge

Mfenyana

The plaintiff's arrest and detention were unlawful, as the defendant failed to prove lawfulness and its defence was struck out. The plaintiff was detained for 202 days under harsh and degrading conditions, suffering emotional trauma, loss of reputation, and loss of income. The court considered previous awards for similar infractions, the duration of detention, and the seriousness of the violation of constitutional rights. The plaintiff's claim for loss of earnings was rejected due to lack of evidence. The court found the claimed amount excessive compared to precedent and awarded R1,050,000.00…

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• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Vicarious Liability
• Constitutional Rights
• Institution Of Legal Proceedings Against State

Gauteng Department of Infrastucture Development and Another v Themba Consultants (Pty) Ltd (49557/2021)

Gauteng Department of Infrastucture Development and Another v Themba Consultants (Pty) Ltd (49557/2021) [2024] ZAGPJHC 99 (7 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

49557/2021

Judge

SC Mia

The court found that the first applicant provided a reasonable explanation for the delay in filing its plea, citing procedural difficulties in briefing counsel and the workload at the State Attorney's office. The lateness was not reckless or intentional. The interests of justice, including the applicant's prospects of success and the importance of the issues, weighed in favour of granting condonation. The court noted that service of documents was agreed to be electronic, but proof of such service was not attached. The respondent's claim for prejudice was acknowledged, but the court determined…

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• Condonation Of Late Filing
• Removal Of Bar
• Unjust Enrichment
• Prescription Act
• Institution Of Legal Proceedings Against State

Mdletshe N.O and Another v Minister of Police (AR 135/2022)

Mdletshe N.O and Another v Minister of Police (AR 135/2022) [2023] ZAKZPHC 106 (23 June 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 135/2022

Judges

ZP Nkosi, Kruger

The court found that the magistrate erred in dismissing the claims for malicious arrest and detention on prescription grounds, as the cause of action only arose upon the appellants' acquittal. Notice was given and summons served within the statutory periods. The appellants' evidence of malice and lack of reasonable and probable cause was unchallenged and thus accepted as conclusive. The respondent failed to rebut the inference of animus iniuriandi. The respondent is liable for damages for malicious arrest, detention, and prosecution for the full period of incarceration. Quantum was determined…

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• Malicious Arrest
• Malicious Detention
• Malicious Prosecution
• Prescription
• Institution Of Legal Proceedings Against State
• Quantum Of Damages

City of Tshwane Metropolitan Council and Others v Guiamba

City of Tshwane Metropolitan Council and Others v Guiamba [2023] ZAGPPHC 452; 64408/2019 (13 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

64408/2019

Judge

Makamu

The High Court granted condonation for late statutory notice against an organ of state, ordered security for costs, and struck out an irregular Notice of Bar.

• Condonation
• Notice To Organ Of State
• Security For Costs
• Irregular Step
• Institution Of Legal Proceedings Against State
• Notice-to-organ-of-state

Edgar v MEC For Health, Free State (Provincial Department Of Health) (6087/2022)

Edgar v MEC For Health, Free State (Provincial Department Of Health) (6087/2022) [2023] ZAFSHC 120 (19 April 2023)

Court

Free State High Court, Bloemfontein

Case number

6087/2022

Judge

Opperman

The High Court granted condonation for late notice to the state in a medical negligence matter, finding the delay reasonable and the respondent unprejudiced.

• Medical Negligence
• Condonation
• Institution Of Legal Proceedings Against State
• Compartment Syndrome
• Notice Requirements
• Prejudice To State

Kutiya v Minister of Police (19474/19)

Kutiya v Minister of Police (19474/19) [2022] ZAGPPHC 543 (18 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

19474/19

Judge

E van der Schyff

The High Court held that John Kutiya’s arrest and detention were unlawful, dismissed the malicious prosecution claim, and awarded R600,000 in damages.

• Unlawful Arrest
• Unlawful Detention
• Malicious Prosecution
• Institution Of Legal Proceedings Against State
• Damages Quantification
• Unlawful-arrest

Mfikili v Minister of Police for the Republic of South Africa and Another (E.L873/2019)

Mfikili v Minister of Police for the Republic of South Africa and Another (E.L873/2019) [2022] ZAECELLC 15 (12 July 2022)

Court

Eastern Cape High Court, East London Local Court

Case number

E.L 873/2019

Judge

B R Tokota

The court held that the applicant failed to satisfy the requirements for condonation under section 3(4) of Act 40 of 2002. Although the claims had not prescribed, the applicant did not provide a full and reasonable explanation for the delay in serving notice, nor did he demonstrate prospects of success in his claims. The applicant knew or ought to have known the facts and the identity of the debtor at the time of arrest, and ignorance of the right to sue is not a valid excuse. The notice served did not comply with statutory requirements and was not served on the second respondent. The respond…

Source excerpt

• Institution Of Legal Proceedings Against State
• Condonation
• Prescription
• Malicious Prosecution
• Unlawful Arrest And Detention