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South Africa decisions
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Mkhabela v Minister of Police and Another (829/2023) [2025] ZAMPMBHC 71 (6 August 2025)
The High Court found the plaintiff’s arrest, detention, and prosecution unlawful, awarding damages against the police and prosecutor.
Ndhamini v Minister of Police and Another (1655/2020) [2025] ZAMPMBHC 72 (6 August 2025)
The court found that the formal arrest was effected by Sergeant Mkhabela, who failed to establish the jurisdictional facts required by section 40(1)(b) of the Criminal Procedure Act, rendering the arrest unlawful. The subsequent detention was also unlawful, as the police did not justify the necessity for continued detention. The court applied the principles of legal causation and found that the police conduct was closely linked to both pre- and post-court appearance detention, making the first defendant liable for the entire period. The claim for malicious prosecution failed, as the plaintiff…
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Rakgwale v Minister of Police and Another (41173/2020) [2025] ZAGPJHC 757 (1 August 2025)
The court found that the Plaintiff's arrest was lawful, as the arresting officer had reasonable grounds to suspect the Plaintiff of committing a Schedule 1 offence (robbery with aggravating circumstances), and the arrest was effected in accordance with section 40(1)(b) of the Criminal Procedure Act. The Plaintiff conceded the lawfulness of the arrest during proceedings. The statement of the arresting officer was admitted into evidence as hearsay under section 3(1)(c) of the Law of Evidence Amendment Act, as its reliability and probative value outweighed any prejudice to the Plaintiff. The Pla…
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L.N v Minister of Police and Another (22/19815) [2025] ZAGPJHC 710 (22 July 2025)
The High Court dismissed the second defendant’s absolution application, finding the plaintiff had made out a prima facie case for malicious prosecution and detention.
Tshalibe v Minister of Home Affairs and Other (23795/2012) [2025] ZAGPPHC 708 (15 July 2025)
The High Court held the police liable for unlawful arrest and detention, finding procedural breaches under the CPA. The malicious prosecution claim was dismissed.
Muziwenkosi v Minister of Police (18474/2012) [2025] ZAGPJHC 672 (10 July 2025)
The High Court awarded R650,000 for unlawful arrest and detention after finding SAPS lacked objectively reasonable grounds and acted humiliatingly.
Jukes v Malekjee (2024/091632) [2025] ZAGPJHC 642 (26 June 2025)
Default judgment for defamation and malicious prosecution was granted after a false police complaint led to the plaintiff’s arrest, detention, and humiliation.
Makgotlho and Others v Minister of Police and Another (1072/24) [2025] ZANWHC 107 (25 June 2025)
Default judgment for seven plaintiffs unlawfully arrested and detained during a protest; malicious prosecution claim failed, and each plaintiff received R50,000.
Ndimane v Minister of Police and Another (2021/8902) [2025] ZAGPJHC 639 (25 June 2025)
The court found that the plaintiff's arrest and detention were unlawful, as the defendants failed to provide any justification or evidence to support their actions. The prosecution was malicious, with no reasonable or probable cause established, and the only version before the court was that of the plaintiff. The plaintiff was detained for six months under degrading conditions, and the charges were withdrawn due to lack of evidence. The court considered comparable awards in similar cases and determined that fair compensation for the plaintiff's suffering, loss of dignity, and deprivation of l…
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Minister of Police and Another v Ramabanta (511/2024) [2025] ZASCA 95 (24 June 2025)
The Supreme Court of Appeal dismissed an application to reconsider refusal of special leave, finding no exceptional circumstances under s 17(2)(f).
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