South Africa Case Law

Khedama v Minister of Police (667/2024)

Khedama v Minister of Police (667/2024) [2025] ZASCA 79 (5 June 2025)

Court

Supreme Court of Appeal

Case number

667/2024

Judges

Hughes JA, Dlodlo AJA, Steyn AJA

The Supreme Court of Appeal found that the full court erred in drastically reducing the quantum of damages awarded for the appellant's unlawful arrest and detention. The appellant was subjected to particularly egregious and degrading treatment by the police, including humiliation, psychological trauma, and prolonged detention under harsh conditions. The court held that the severity of the constitutional rights violations and the systemic disregard for human dignity justified a higher award. The assessment of damages must reflect not only the duration of detention but also the overall treatmen…

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• Unlawful Arrest And Detention
• Quantum Of Damages
• Constitutional Rights Violation
• Cruel Inhuman Or Degrading Treatment
• Interest On Unliquidated Debt

Kleinfontein Aandeleblok (Pty) Ltd v Zeevart (51715/2007)

Kleinfontein Aandeleblok (Pty) Ltd v Zeevart (51715/2007) [2020] ZAGPPHC 788 (29 December 2020)

Court

North Gauteng High Court, Pretoria

Case number

51715/2007

Judge

N Janse van Nieuwenhuizen

The court held that interest was not a prerequisite for enforcing the eviction order, because the earlier order required payment of compensation only, not interest.

• Prescribed Rate Of Interest Act
• Eviction Order
• Interest On Unliquidated Debt
• Compensation For Expropriation
• Interest-on-unliquidated-debt
• Eviction-order

Drake Flemmer and Orsmond Inc and Another v Gajjar NO (21/2017)

Drake Flemmer and Orsmond Inc and Another v Gajjar NO (21/2017) [2017] ZASCA 169; [2018] 1 All SA 344 (SCA); 2018 (3) SA 353 (SCA) (1 December 2017)

Court

Supreme Court of Appeal

Case number

21/2017

Judges

Cachalia, Tshiqi, Makgoka, Ploos van Amstel, Rogers

The Supreme Court of Appeal held that damages for attorneys’ negligent loss of a claim should be assessed at the notional trial date, not reduced for delay.

• Professional Negligence
• Breach Of Mandate
• Prescription
• Damages Assessment
• Interest On Unliquidated Debt
• Professional-negligence

Goliath v Minister of Police (CA107/2017)

Goliath v Minister of Police (CA107/2017) [2017] ZAECGHC 119 (14 November 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

CA107/2017

Judges

G H Bloem, I Schoeman

Appeal against a magistrate’s damages award for unlawful arrest and detention. The High Court found the arrest unlawful and increased damages to R50,000.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Onus Of Proof
• Interest On Unliquidated Debt
• Unlawful-arrest

Nel v Minister of Safety and Security (A1009/2010)

Nel v Minister of Safety and Security (A1009/2010) [2012] ZAGPPHC 188 (22 August 2012)

Court

North Gauteng High Court, Pretoria

Case number

A1009/2010

Judges

E.M. Kubushi, M.F. Legodi, H.J. Fabricius

High Court appeal on whether interest on an unliquidated damages award should run from judgment or from date of demand.

• Interest On Unliquidated Debt
• Prescribed Rate Of Interest Act
• Judicial Discretion
• Unlawful Arrest
• Damages Award
• Interest-on-unliquidated-debt

Steenbergen and Others v Minister of Safety and Security (1071/2003, 1072/2003)

Steenbergen and Others v Minister of Safety and Security (1071/2003, 1072/2003) [2011] ZAFSHC 132 (21 July 2011)

Court

Free State High Court, Bloemfontein

Case number

1071/2003, 1072/2003

Judge

P.U. Fischer

The court found that each plaintiff suffered significant distress, humiliation, and trauma as a result of their unlawful arrest and detention by employees of the defendant. The conditions of detention were appalling for some plaintiffs, involving overcrowded, unhygienic cells, fear for personal safety, and public embarrassment. The court distinguished between periods and conditions of detention for each plaintiff, awarding higher damages to those detained in more degrading circumstances. The court rejected claims for malicious prosecution and defamation, finding no factual basis to attribute…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• General Damages
• Quantum Assessment
• Interest On Unliquidated Debt

Vermaak v Road Accident Fund (1976/06)

Vermaak v Road Accident Fund (1976/06) [2008] ZAWCHC 12 (5 March 2008)

Court

Western Cape High Court, Cape Town

Case number

1976/06

Judge

Crowe AJ

The court held that section 17(3)(a) of the RAF Act overrides section 2A of the Prescribed Rate of Interest Act for RAF compensation, limiting interest to 14 days after judgment.

• Road Accident Fund Act
• Prescribed Rate Of Interest Act
• Loss Of Support
• Interest On Unliquidated Debt
• Statutory Interpretation
• Road-accident-fund-act

Premier of Gauteng v Van Deventer (A1345/04)

Premier of Gauteng v Van Deventer (A1345/04) [2005] ZAGPHC 337 (11 November 2005)

Court

High Courts - Gauteng

Case number

A1345/04

Judges

S J Mynhardt, E Bertelsmann, N Ranchod

High Court appeal on whether interest could run on prosthesis-related damages before judgment. The appeal succeeded and the interest orders were set aside.

• Medical Negligence
• Quantum Of Damages
• Interest On Unliquidated Debt
• Prescribed Rate Of Interest Act
• Medical-negligence
• Damages-quantum

Kudu Granite Operations (Pty) Ltd v Caterna Ltd (100/02)

Kudu Granite Operations (Pty) Ltd v Caterna Ltd (100/02) [2003] ZASCA 64; [2003] 3 All SA 1 (SCA); 2003 (5) SA 193 (SCA) (30 May 2003)

Court

Supreme Court of Appeal

Case number

100/02

Judges

Harms, Farlam, Navsa, Heher, Shongwe

The Supreme Court of Appeal held that a failed contract caused by impossibility gave rise to restitution in enrichment, not market-value recovery of the granite blocks.

• Unjust Enrichment
• Condictio Ob Causam Finitam
• Contract Frustration
• Restitution
• Quantification Of Enrichment
• Interest On Unliquidated Debt