South Africa Case Law

Mdletshe N.O and Another v Minister of Police (AR 135/2022)

Mdletshe N.O and Another v Minister of Police (AR 135/2022) [2023] ZAKZPHC 106 (23 June 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 135/2022

Judges

ZP Nkosi, Kruger

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…

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• Malicious Arrest
• Malicious Detention
• Malicious Prosecution
• Prescription
• Institution Of Legal Proceedings Against State
• Quantum Of Damages

Morris v Minister of Police (42773/2013)

Morris v Minister of Police (42773/2013) [2023] ZAGPJHC 678 (9 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

42773/2013

Judge

M T Jordaan

The High Court held that Steven Morris’s arrest was unlawful, dismissed the malicious detention claim, and awarded him R50,000 in damages plus costs.

• Unlawful Arrest
• Malicious Detention
• Quantum Of Damages
• Section 40 Criminal Procedure Act
• Unlawful-arrest
• Malicious-detention

Minister of Police and Another v Erasmus (366/2021)

Minister of Police and Another v Erasmus (366/2021) [2022] ZASCA 57 (22 April 2022)

Court

Supreme Court of Appeal

Case number

366/2021

Judges

Dambuza, Van der Merwe, Mocumie, Tsoka, Weiner

The Supreme Court of Appeal held that the police were only liable for the initial period of detention from 4 May to 5 May 2016, as there was no unlawful conduct by the police or the prosecution that caused the respondent's continued detention after his first court appearance. The respondent's further detention was the result of judicial decisions and his inability to pay bail, not any culpable act by the police or prosecutors. The requirements for malicious detention were not met, and there was no evidence of animus iniuriandi or lack of reasonable and probable cause by the prosecution. The q…

Source excerpt

• Unlawful Arrest
• Malicious Detention
• Quantum Of Damages
• Actio Iniuriarum
• Liability Of Police
• Malicious Prosecution

E A and Others v Minister of Police (14/41567)

E A and Others v Minister of Police (14/41567) [2019] ZAGPJHC 9 (12 February 2019)

Court

South Gauteng High Court, Johannesburg

Case number

14/41567

Judge

M M MABESELE

The court found that the arrest and detention of the first plaintiff were both unlawful and malicious, as the arresting officer failed to properly investigate the complainant's statement and acted without probable cause. The detention of the second and third plaintiffs, who were minor children, was unlawful and unconstitutional, as they were kept in the same holding cell with adults and deprived of appropriate care, violating section 28 of the Constitution. The evidence presented by the plaintiffs regarding the alleged abandonment of the fourth to sixth plaintiffs was found unreliable and con…

Source excerpt

• Unlawful Arrest
• Malicious Detention
• Children S Rights
• Damages Assessment
• Parental Care
• Section 28 Constitution

Moepi v Minister of Police (36025/2014)

Moepi v Minister of Police (36025/2014) [2017] ZAGPJHC 446 (20 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

36025/2014

Judge

FHD Van Oosten

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.

• Self Defence
• Private Defence
• Excessive Force
• Malicious Arrest
• Malicious Detention
• Self-defence

Dolamo v Minister of Safety and Security (5657/2011)

Dolamo v Minister of Safety and Security (5657/2011) [2015] ZAGPPHC 225 (24 April 2015)

Court

North Gauteng High Court, Pretoria

Case number

5657/2011

Judge

TM Makgoka

High Court damages judgment for wrongful arrest and four-day detention, awarding R100,000 and postponing costs after finding the arrest malicious.

• Wrongful Arrest
• Malicious Detention
• Quantum Of Damages
• Personal Liberty
• Assessment Of General Damages
• Wrongful-arrest

Makgae v Minister of Safety and Security (54744/2011)

Makgae v Minister of Safety and Security (54744/2011) [2014] ZAGPPHC 937 (21 November 2014)

Court

North Gauteng High Court, Pretoria

Case number

54744/2011

Judge

M Beatson

The High Court held that police unreasonably executed a warrant and unlawfully arrested and detained the plaintiff, awarding R75,000 in damages.

• Unlawful Arrest
• Malicious Detention
• Quantum Of Damages
• Liability Of State
• Constitutional Rights
• Unlawful-arrest

Greenberg v De Beer and Another (22261/02)

Greenberg v De Beer and Another (22261/02) [2011] ZAGPJHC 66 (21 July 2011)

Court

South Gauteng High Court, Johannesburg

Case number

22261/02

Judge

T M Masipa

High Court judgment awarding damages for unlawful and malicious arrest and detention after police arrested the plaintiff without a proved warrant or proper verification.

• Unlawful Arrest
• Malicious Detention
• Domestic Violence Act
• Damages Quantification
• Unlawful-arrest
• Malicious-detention

Masisi v Minister of Safety and Security (44055/2009)

Masisi v Minister of Safety and Security (44055/2009) [2010] ZAGPPHC 280; 2011 (2) SACR 262 (GNP) (15 December 2010)

Court

North Gauteng High Court, Pretoria

Case number

44055/2009

Judge

Makgoka

High Court damages award for malicious unlawful arrest and detention, with R65,000 granted to a court manager after a humiliating 4-hour detention.

• Unlawful Arrest
• Malicious Detention
• Quantum Of Damages
• General Damages
• Personal Liberty
• Unlawful-arrest