Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Minister of Police v Itumeleng (Leave to Appeal) (16107/2018) [2023] ZAGPPHC 1875 (1 November 2023)
The High Court dismissed the Minister of Police’s application for leave to appeal against a damages award for unlawful arrest and detention.
Mtolo v Minister of Police (10144/2015) [2023] ZAKZPHC 86; 2024 (1) SACR 317 (KZP) (23 August 2023)
The court found that the plaintiff's arrest, detention, and prosecution were actuated by malice, with police fabricating evidence and lying at bail proceedings, resulting in the plaintiff's prolonged detention. The plaintiff's evidence regarding the conditions and impact of his incarceration was uncontradicted and credible. The court held that the Minister of Police is delictually liable for the full period of detention, as the police's conduct directly caused the harm suffered. The quantum of damages was determined by reference to comparable cases and the seriousness of the deprivation of li…
Source excerpt
Mdletshe N.O and Another v Minister of Police (AR 135/2022) [2023] ZAKZPHC 106 (23 June 2023)
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…
Source excerpt
Minister of Police and Another v Gqada (CA 68/2022; 1542/2017) [2023] ZAECMKHC 69 (23 May 2023)
The court held that an order refusing absolution from the instance is interlocutory and not appealable, as it does not finally dispose of any relief or rights of the parties. The costs order made by the court a quo in refusing absolution was granted erroneously, as costs in such interlocutory rulings should stand over for determination at the conclusion of the trial. The costs order in the application for leave to appeal was also varied to reflect that costs shall be costs in the appeal. Both parties achieved partial success, and each was ordered to pay their own costs of appeal. The matter w…
Source excerpt
Dunn v Minister of Police [2023] ZAGPPHC 141; 20946/2016 (28 February 2023)
The court found that the defendants failed to demonstrate reasonable prospects of success on appeal as required by section 17(1) of the Superior Courts Act. The grounds of appeal raised by the defendants, including the alleged misdirection regarding the plaintiff's loss of contract and the lack of foreseeability due to absence of knowledge of the contract, were not persuasive. The facts of the case were distinguishable from the authorities relied upon by the defendants, particularly the Scot matter, as the plaintiff's claim was for personal loss of earnings resulting from malicious and unlawf…
Source excerpt
Christian and Another v Minister of Police and Another (2861/2018) [2022] ZAECGHC 28 (29 March 2022)
The court dismissed a Rule 34 reconsideration application and left the costs order intact, finding the Minister’s tender covered the pleaded arrest-and-detention claim.
Buso v Minister of Police (CA83/2019) [2020] ZAECGHC 87 (18 August 2020)
The court found that the arresting officer, Sergeant Mgobo, acted on credible and contemporaneous information provided by a co-suspect, which included a detailed description of the appellant and his vehicle, as well as the route taken after the robbery. The officer critically assessed the information and tested the appellant's account, which lacked credibility and failed to provide a plausible alibi. The suspicion held was objectively reasonable and justified the arrest under section 40(1)(b) of the Criminal Procedure Act. The trial court's factual and credibility findings were upheld, and th…
Source excerpt
Moepi v Minister of Police (36025/2014) [2017] ZAGPJHC 446 (20 September 2017)
The High Court dismissed a damages claim after finding a police officer was justified in shooting the plaintiff in self-defence and to protect others.
Viljoen v Minister of Police and Others (76210/2014) [2015] ZAGPPHC 1039 (17 September 2015)
High Court dismissed an exception to particulars of claim in a malicious arrest and prosecution action, holding the pleaded facts were sufficient to sustain a cause of action.
Van Der Schyff and Another v Minister van Polisie and Others (22899/2012,23000/2012) [2015] ZAGPPHC 173 (4 March 2015)
The High Court held that both plaintiffs were unlawfully arrested and detained for about four days without a warrant and awarded each R135,000 in damages.
Explore more
