South Africa Case Law

Mashigoana v Minister of South African Police Service and Others (6027/2020)

Mashigoana v Minister of South African Police Service and Others (6027/2020) [2025] ZALMPPHC 128 (30 June 2025)

Court

Limpopo High Court, Polokwane

Case number

6027/2020

Judge

Stroh

The court found that the Plaintiff was lawfully arrested by the police officer, Thekupi, who acted on reasonable suspicion that the Plaintiff was in possession of a stolen vehicle, as required by section 40(1)(b) of the Criminal Procedure Act. However, the continued detention of the Plaintiff after he provided a reasonable explanation for possession—namely, that he had exchanged vehicles with AM Magane—was not justified. The evidence showed that the police obtained corroborating statements from AM Magane on the same day, confirming the vehicle exchange. The Defendant's witness, Mampuru, admit…

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• Unlawful Arrest And Detention
• Section 40 Criminal Procedure Act
• Section 36 General Laws Amendment Act
• Constitutional Right To Liberty
• Onus Of Justification
• Standard Of Proof Civil

Matebesi v Minister of Police (1313/2020)

Matebesi v Minister of Police (1313/2020) [2024] ZAFSHC 405 (13 December 2024)

Court

Free State High Court, Bloemfontein

Case number

1313/2020

Judge

Van Rhyn

The High Court found a SAPS member unlawfully shot the plaintiff in the back and held the Minister of Police vicariously liable, rejecting self-defence.

• Vicarious Liability
• Unlawful Assault
• Onus Of Justification
• Self Defence
• Credibility Of Witnesses
• Delict

Pieterse v Minister of Police and Another (CA192/2023)

Pieterse v Minister of Police and Another (CA192/2023) [2024] ZAECMKHC 79 (16 July 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA 192/2023

Judges

A M Bodlani, J Eksteen

The court found that the arresting officer had reasonable grounds for suspicion based on fingerprint evidence linking the appellant to a housebreaking offence, and the arrest was lawful under section 40(1)(b) of the Criminal Procedure Act. However, the first respondent failed to justify the delay in bringing the appellant before a court on 13 August 2018, rendering the detention from 13h00 on that day until his appearance on 14 August 2018 unlawful. Furthermore, the prosecutors misled the court regarding the appellant's criminal record profile, resulting in unjustified postponements and conti…

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• Unlawful Arrest
• Unlawful Detention
• Damages For Wrongful Detention
• Constitutional Rights Of Arrested Persons
• Onus Of Justification
• Bail Postponement

Isaac v Minister of Police and Another (HCAA23/2022)

Isaac v Minister of Police and Another (HCAA23/2022) [2024] ZALMPPHC 41 (26 April 2024)

Court

Limpopo High Court, Polokwane

Case number

HCAA23/2022

Judges

LGP Ledwaba, F Kganyago, Diamond

The High Court upheld the appeal, holding that the appellant’s warrantless arrest and detention were unlawful because the alleged domestic violence breach was not a Schedule 1 offence.

• Unlawful Arrest
• Detention Without Warrant
• Domestic Violence Protection Order
• Onus Of Justification
• Constitutional Right To Liberty
• Delictual Liability

Mtetwa v Minister Of Police (19234/2015)

Mtetwa v Minister Of Police (19234/2015) [2023] ZAGPJHC 1294 (10 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

19234/2015

Judge

Ntuli

The court found that the arresting officers failed to exercise the discretion required by section 40(1)(b) of the Criminal Procedure Act, as they did not apply their minds to objective facts relating to the plaintiff's circumstances. The suspicion leading to the arrest was unreasonable, and the officers did not verify the plaintiff's account or investigate further. The detention conditions were inhumane, and the refusal to provide medication amounted to assault. The defendant failed to rebut the plaintiff's evidence regarding detention conditions and denial of medication. The arrest and deten…

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• Unlawful Arrest
• Unlawful Detention
• Damages For Pain And Suffering
• Constitutional Right To Liberty
• Onus Of Justification
• Failure To Exercise Discretion

Booysen and Another v Minister of Police (486/2017)

Booysen and Another v Minister of Police (486/2017) [2023] ZANWHC 23 (3 March 2023)

Court

North West High Court, Mafikeng

Case number

486/2017

Judge

I Matlapeng

The court found that the plaintiffs were unlawfully arrested and detained by the police without a warrant, and the defendant failed to discharge the onus of justification, as the only evidence was the plaintiffs' uncontradicted testimony. The conditions of detention were appalling and aggravated the harm suffered. The court determined that R300,000 per plaintiff was fair and reasonable compensation, referencing comparable awards in similar cases. Costs were awarded on the Magistrates' Court scale except for Counsel's costs, which were on the High Court scale. Reserved costs were allocated as…

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• Unlawful Arrest And Detention
• Damages Quantum
• Constitutional Right To Liberty
• Onus Of Justification
• Solatium
• Costs Award

Shabalala v Minister of Police and Another (323/2021)

Shabalala v Minister of Police and Another (323/2021) [2023] ZAMPMHC 6 (2 March 2023)

Court

Middelburg High Court, Mpumalanga

Case number

323/2021

Judge

M Ramagaga

The plaintiff established that he was arrested without a warrant or explanation, detained without justification, and prosecuted without any evidence linking him to the crime. The defendants failed to plead or present evidence to justify their actions. The constitutional right to freedom and security was infringed, and the onus to justify the arrest, detention, and prosecution rested on the defendants, who did not discharge it. The prosecution persisted without probable cause, and no witnesses implicated the plaintiff. The court found the arrest and detention unlawful and the prosecution malic…

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• Unlawful Arrest
• Unlawful Detention
• Malicious Prosecution
• Constitutional Right To Freedom
• Damages Assessment
• Onus Of Justification

Schoombee v Minister of Police (2283/2017)

Schoombee v Minister of Police (2283/2017) [2023] ZANWHC 5 (6 February 2023)

Court

North West High Court, Mafikeng

Case number

2283/2017

Judge

R D Hendricks

The High Court dismissed a claim for unlawful arrest and detention, finding the police had a reasonable suspicion under section 40(1)(g) of the CPA.

• Unlawful Arrest And Detention
• Stock Theft Act
• Reasonable Suspicion
• Onus Of Justification
• Section 40 Criminal Procedure Act
• Unlawful-arrest-and-detention

Feni v Minister of Police (EL462/20)

Feni v Minister of Police (EL462/20) [2022] ZAECHC 1 (26 May 2022)

Court

High Courts - Eastern Cape

Case number

EL462/20

Judge

T.V. Norman

The court found that Constable Witbooi failed to act as a reasonable police officer by not investigating the plaintiff's alibi, not consulting the investigating officer, and relying solely on the complainant's pointing out. The arrest was made without probable cause and in disregard of the plaintiff's constitutional rights. The defendant did not discharge the onus to justify either the arrest or the detention, offering only a bare denial and failing to call relevant witnesses. The plaintiff's evidence regarding the conditions of detention and the conduct of police officers was accepted as rel…

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• Unlawful Arrest
• Unlawful Detention
• Damages Assessment
• Constitutional Right To Liberty
• Onus Of Justification
• Police Misconduct

Mjali v Minister of Police (2223, 2226 & 2227/2016)

Mjali v Minister of Police (2223, 2226 & 2227/2016) [2020] ZAECMHC 49 (29 September 2020)

Court

Eastern Cape High Court, Mthatha

Case number

2223, 2226 & 2227/2016

Judge

N.R. Mtshabe

The court found that the plaintiffs were arrested and detained without a warrant and without reasonable suspicion of having committed any schedule 1 offence. The defendant failed to call the arresting officer to justify the arrest and did not provide evidence that the requirements of section 40(1)(b) of the Criminal Procedure Act were met. The plaintiffs were not informed of the reasons for their arrest or detention, and the conditions of detention were degrading. The onus to justify the arrest and detention rested on the defendant, who failed to discharge it. The arrest and detention were th…

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• Unlawful Arrest
• Unlawful Detention
• Damages For Injuria
• Constitutional Rights
• Onus Of Justification
• Quantum Of Damages