Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
3 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Civil Procedure [2024] ZAECELLC 51

Daniso and Others v Minister of Police (EL840/2020)

Daniso and Others v Minister of Police (EL840/2020) [2024] ZAECELLC 51 (27 September 2024)

Court
Eastern Cape High Court, East London Local Court
Case number
EL840/2020
Judge
Hartle

The court found that the applicants only became aware of their entitlement to claim and the requirement to give statutory notice on 20 February 2020, upon consulting their attorney. The debt in respect of Claim A thus became due on that date, and the statutory notices were dispatched promptly thereafter. The discrepancy in the dates of the notices and proof of posting was accepted as a typographical error, and the respondent did not deny receipt or claim prejudice. The court declared that the applicants had complied with the notice requirements under section 3(1) of ILPACOSA for both claims a…

Source excerpt

  • Institution Of Legal Proceedings Against Organs Of State Act
  • Malicious Arrest And Detention
  • Malicious Prosecution
  • Statutory Notice Requirements
  • Condonation
  • Costs Orders
Read case analysis
Civil Procedure [2024] ZAGPJHC 168

Mangasa v Minister Of Police and Others (45105-2021)

Mangasa v Minister Of Police and Others (45105-2021) [2024] ZAGPJHC 168 (21 February 2024)

Court
South Gauteng High Court, Johannesburg
Case number
45105/2021
Judge
EW Dunn

The court held that the applicant's claim for unlawful assault prescribed on 17 December 2021, as the cause of action arose on the date of the assault and the applicant was immediately aware of the facts and the identity of the debtor. However, the claims for malicious arrest, detention, and prosecution only became due when the criminal proceedings terminated in the applicant's favour on 4 May 2021. The statutory notice required under s 3 of the Institution of Legal Proceedings against Certain Organs of State Act was served timeously in respect of these claims, within six months of the debt b…

Source excerpt

  • Institution Of Legal Proceedings Against Organs Of State Act
  • Prescription Act
  • Malicious Arrest And Detention
  • Malicious Prosecution
  • Unlawful Assault
Read case analysis
Delict [2023] ZAECMKHC 55

Minister of Police v Heleni (Appeal) (CA 4/2022)

Minister of Police v Heleni (Appeal) (CA 4/2022) [2023] ZAECMKHC 55 (11 May 2023)

Court
Eastern Cape High Court, Makhanda
Case number
CA 4/2022
Judges
Hartle, Rusi

The appellate court found that the trial court erred in compartmentalizing the evidence and failing to properly assess the credibility and probabilities of the parties' versions. The plaintiff's evidence was consistent, credible, and corroborated by medical and psychological reports, as well as by her witnesses. The police officers' version was contradictory, unreliable, and unsupported by available witnesses, whose absence was telling. The court held that the plaintiff was assaulted and that her arrest and detention were not only wrongful and unlawful but also malicious, effected without rea…

Source excerpt

  • Malicious Arrest And Detention
  • Unlawful Assault
  • Constitutional Rights Violation
  • Damages Quantification
  • Prescribed Rate Of Interest Act
  • Vicarious Liability
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.