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South Africa decisions
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Lehubu and Others v Minister of Police (2023/013524) [2025] ZAGPJHC 172 (11 February 2025)
Default judgment was granted for unlawful assault, property damage, and emotional shock after SAPS officers allegedly entered a home without a warrant and assaulted the first plaintiff.
S v Mokoena (A20/2024; R18/2024) [2025] ZAFSHC 26 (13 February 2025)
The Free State High Court confirmed a magistrate’s section 300 compensation order after finding a proper application had been made through the prosecutor.
S v Railoun (Review) (34/25) [2025] ZAWCHC 35; 2025 (1) SACR 659 (WCC) (12 February 2025)
High Court review set aside a conviction on a faulty protection-order charge, confirmed malicious damage conviction, and imposed antedated imprisonment.
S v Bailey and Others (D31/2019) [2023] ZAKZDHC 102 (12 December 2023)
A high court convicted seven Mvimbeni security officers of murder and related offences after a taxi-rank shooting, but acquitted three accused.
S v Kelly (CA & R 2/2023) [2023] ZANCHC 35 (14 April 2023)
The magistrate erroneously sentenced the accused for malicious damage to property on count 4, despite that charge having been withdrawn and the accused having been convicted for contravention of a harassment protection order. This constitutes a material error resulting in a failure of justice. The interests of justice require that the incorrect sentence be set aside and the matter remitted to the trial court for proper sentencing on the correct charge.
Source excerpt
Tomodi v Minister Of Police (2351/19) [2023] ZANWHC 16 (9 February 2023)
The High Court held the plaintiff’s warrantless arrest and detention were unlawful because police lacked a reasonable suspicion under section 40(1)(b) of the CPA.
Anthony v S (SS98/2018) [2022] ZAGPJHC 799 (18 October 2022)
The High Court dismissed an application for leave to appeal against convictions for murder, arson and related offences, finding no realistic prospect of success.
Diljan v Minister of Police (746/2021) [2022] ZASCA 103 (24 June 2022)
The Supreme Court of Appeal held that police failed to exercise their discretion under section 40(1)(b) before arresting the appellant, making the arrest and detention unlawful.
S v Mabilu and Others (CC66/2018) [2022] ZALMPPHC 19 (31 March 2022)
High Court acquitted all accused on charges of murder, arson, malicious damage to property and public violence, finding the State’s single-witness evidence unreliable.
Bothaville Milling (Pty) Ltd t/a Thuso Mills v National Emancipated & Allied Workers Union of South Africa ("NEAWUSA") and Others (2657/2021) [2021] ZAFSHC 232 (5 October 2021)
The High Court confirmed a rule nisi interdicting unlawful conduct during industrial action, holding it had concurrent jurisdiction over alleged rights violations.
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