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South Africa decisions
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Minister of Police and Another v Manaswe (9982/2018) [2024] ZAGPPHC 979 (17 September 2024)
The High Court dismissed an appeal against findings of unlawful detention and assault arising from a roadblock arrest, and left the costs order intact.
Kinase v Minister of Police and Another (2388/2017) [2023] ZAECMHC 58 (7 November 2023)
The court held that the plaintiff’s arrest and detention for 12 to 15 November 2015 were unlawful, but dismissed claims for later post-appearance detention.
Minister of Police and Another v Zweni (842/2017) [2018] ZASCA 97 (1 June 2018)
The Supreme Court of Appeal held that Zweni’s arrest and initial detention were lawful, and that his later detention flowed from lawful court orders.
Lolwane and Others v Minister of Safety and Security (22698/2002) [2016] ZAGPPHC 1045 (15 December 2016)
The court found that the Defendant failed to justify the shooting of the First, Second, and Third Plaintiffs. The evidence presented by the police was exaggerated regarding the threat posed by the Plaintiffs and others present. The court concluded that the assaults were unlawful and intentional, and the Defendant is liable in delict for these actions. Regarding the arrests, the court held that the investigating officer had access to comprehensive sworn statements describing a concerted attack, which provided sufficient grounds for reasonable suspicion under section 40(1)(b) of the Criminal Pr…
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Mufamadi v Minister of Police (60328/13) [2016] ZAGPPHC 312 (29 April 2016)
High Court damages claim over arrest and detention for theft suspicion. Arrest was held lawful, but detention beyond 48 hours before first court appearance was unlawful.
Pather v Minister of Police (14512/13) [2016] ZAGPPHC 215 (31 March 2016)
The court found that the Defendant failed to prove any lawful justification for the Plaintiff's arrest and detention. The evidence presented by the Defendant's witnesses was inconsistent, uncorroborated, and contradicted by photographic evidence and their own statements. No offence was committed in the presence of the arresting officers, and no reasonable suspicion or objective grounds for arrest were established. The Plaintiff was detained for several hours without being charged or appearing in court. The court held that the arrest and detention were unlawful, and the Defendant is liable for…
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Makgae v Minister of Safety and Security (54744/2011) [2014] ZAGPPHC 937 (21 November 2014)
The High Court held that police unreasonably executed a warrant and unlawfully arrested and detained the plaintiff, awarding R75,000 in damages.
M v Minister of Police and Another (43362/12) [2014] ZAGPJHC 69 (24 March 2014)
High Court trial over a school assault claim. The court found the school had reasonable safety measures and dismissed the delict claim against the education department.
Molopa v Minister of Safety and Security and Another (58034/2008) [2012] ZANCHC 14 (1 June 2012)
The court found that the plaintiff was unlawfully assaulted by SAPS members on 15 May 2007, as corroborated by Mashaba and attorney Mkhabela, and that the first defendant is liable for damages resulting from the assault. The arrest was not based on reasonable grounds; the arresting officer, Beneke, failed to establish any objective basis for suspicion and did not conduct proper inquiries. The plaintiff's detention from arrest until bail refusal was unlawful, as the defendants failed to justify it. Regarding detention after bail refusal, the second defendant intentionally or negligently provid…
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Minister of Correctional Services v Lee (316/11) [2012] ZASCA 23; 2012 (1) SACR 492 (SCA); 2012 (3) SA 617 (SCA); [2012] 2 All SA 586 (SCA) (23 March 2012)
The Supreme Court of Appeal held that while the prison authorities owed a legal duty to take reasonable steps to prevent the transmission of tuberculosis and were negligent in failing to maintain an adequate system for managing the disease, causation was not established. The evidence did not prove that Mr Lee would probably have avoided infection had reasonable measures been implemented. The risk of contagion in a large, congested prison cannot be eliminated even with reasonable management, as diagnosis is often delayed and some prisoners may be contagious before detection. In the absence of…
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