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South Africa decisions
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Hoosain v Minister of Police (18817/2016) [2023] ZAGPJHC 308 (9 March 2023)
The High Court awarded R90,000 for unlawful arrest and detention lasting about 40 hours, with interest from 10 days after the order and High Court costs.
Mathe v Minister of Police (22341/2017) [2021] ZAGPPHC 79 (15 February 2021)
The court found that the plaintiff's arrest and detention were unlawful, as any suspicion was dispelled by verification from her employer. The plaintiff suffered inconvenience and humiliation but no lasting psychological harm or severe conditions during detention. The quantum of damages must reflect the facts, and a large award is not warranted. The court determined R25,000.00 as adequate compensation. Interest should run from 10 days after the order, and costs should be awarded on the magistrate's scale, as the matter did not warrant High Court jurisdiction.
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GFE Blything v Minister of Safety and Security and Another (8281/2013) [2016] ZAGPPHC 770 (31 August 2016)
The court held that, in accordance with section 2A(2)(a) of the Prescribed Rate of Interest Act 55 of 1975 and established case law, interest on unliquidated damages for wrongful arrest and detention should run from the date of demand or summons, whichever is earlier. The court found no justification to deviate from the prescribed rate and rejected the defendants' reliance on Takawira, which incorrectly applied section 2A(3) to the facts. The plaintiff's claim for interest from the date of demand was upheld, and the defendants were ordered to pay the agreed damages, interest from the date of…
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Rawson and Another v Yacht Transport (Pty) Ltd t/a Target Cranes (AC 49/04) [2013] ZAWCHC 146 (17 September 2013)
The High Court fixed interest on a maritime damages claim at the prescribed rate, running from delivery of the original particulars of claim, not from the date of loss.
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