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South Africa decisions
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ABSA Bank Limited v Mashaba and Another (2023/045953) [2025] ZAGPJHC 277 (13 March 2025)
The High Court upheld exceptions to a delict claim based on pure economic loss, finding insufficient pleading of wrongfulness and legal causation, but not damages.
Philasande v Minister of Police and Another (Leave to Appeal) (2388/2017) [2024] ZAECMHC 72 (1 October 2024)
The High Court dismissed an application for leave to appeal against a judgment on unlawful arrest and detention, finding no reasonable prospects of success.
Mathews v Passenger Rail Agency of South Africa (35083/2019) [2023] ZAGPJHC 887 (4 August 2023)
The court found that the plaintiff proved, on a balance of probabilities, that he was a passenger on the defendant's train, was pushed out through an open door while the train was in motion, and sustained injuries as a result. The defendant failed to rebut the plaintiff's evidence or provide credible alternative explanations. Applying the Constitutional Court's principles in Mashongwa, the defendant's omission to ensure that train doors were closed while in motion constituted negligence and wrongfulness. The omission was closely connected to the harm suffered by the plaintiff, establishing le…
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Matsose v Minister of Police and Another (CIV APP FB 14/21;814/2016) [2023] ZANWHC 117; [2023] 4 All SA 136 (NWM) (28 July 2023)
The court found that the arresting officer lacked reasonable grounds for arrest and failed to conduct a proper investigation, rendering the arrest and subsequent detention unlawful. The prosecutor initiated prosecution without a commissioned statement and without credible evidence, perpetuating the unlawful detention. The conduct of both the police and the prosecutor established legal causation for the harm suffered by the plaintiff, making them jointly and severally liable for the entire period of detention from arrest until release. The claim for malicious prosecution was upheld as the pros…
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Mamatlepa v Minister of Police (575/2020) [2023] ZALMPPHC 25 (24 May 2023)
The court dismissed an unlawful arrest claim but found the plaintiff’s detention from 11 to 13 November 2019 unlawful and awarded R80,000 in damages.
Zimu v Minister of Police: Republic of South Africa (327/2021) [2023] ZAFSHC 75 (13 March 2023)
The High Court found the plaintiff’s warrantless arrest unlawful, but held the defendant liable only for detention up to first court appearance.
Minister of Police and Another v Mathebula (CIV APP FB07/22) [2023] ZANWHC 128 (30 January 2023)
The Full Court found that the arrest of the respondent was lawful and justified under section 40(1)(b) of the Criminal Procedure Act. Constable Raphuthi, acting on credible information from witnesses, entertained a reasonable suspicion that the respondent was in possession of an unlicensed firearm, a Schedule 1 offence. The suspicion was objectively reasonable and not based on mere conjecture. The court a quo erred by assessing the lawfulness of the arrest using standards applicable to criminal trial admissibility and by focusing on irrelevant contradictions and jurisdictional issues. Regardi…
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Le Roux and Another v Minister of Police Republic of South Africa and Another (1340/2018) [2022] ZAFSHC 301 (4 November 2022)
The High Court held that the plaintiffs were unlawfully arrested and detained until their first court appearance, awarding each R75,000; later detention liability was rejected.
Le Roux and Another v Minister of Police, Republic of South Africa and Another (1340/2018;1343/2018) [2022] ZAFSHC 316 (4 November 2022)
The court found that the police did not have reasonable grounds to arrest the plaintiffs, as the only information available at the time was an oral confession by Jerry, which was not reduced to writing under oath until after the arrests. No further investigation was conducted, and the plaintiffs were not properly interviewed. The arresting officer failed to critically assess the information and did not have evidence under oath linking the plaintiffs to the crime. The subsequent detention from arrest until first court appearance was causally linked to the unlawful arrest and thus also unlawful…
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Ngono v Minister of Safety & Security (1201/2016) [2022] ZAECMHC 37 (27 September 2022)
The court found that the SAPS, through the investigating officer, was responsible for the plaintiff's continued detention from 04 June 2013 to 19 September 2013. The magistrate and prosecutor were misled by the investigating officer's repeated requests for remand, which were not substantiated by meaningful investigation or results. The plaintiff's constitutional rights to dignity and freedom were violated for 105 days. The defendant is solely liable for the full period of unlawful detention. The appropriate quantum of general damages, considering the egregious nature and duration of the deten…
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