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South Africa decisions
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Mogorosi v Minister of Police and Others (Appeal) (CIV APP MG 23/24) [2025] ZANWHC 62 (20 March 2025)
On appeal, the High Court found the magistrate misdirected himself in a default judgment matter and awarded R100,000 for wrongful arrest and detention.
Lekalakala v Minster of Police and Another (1436/2021) [2025] ZANWHC 53 (13 March 2025)
High Court awarded R120,000 for unlawful arrest and detention, finding the plaintiff was arrested without explanation and held in inhumane conditions.
September v Minister of Police (2054/2021) [2024] ZANWHC 272 (22 October 2024)
The plaintiff's arrest and detention were effected without reasonable grounds and in disregard of his constitutional rights to liberty and dignity. The defendant failed to plead or contest the plaintiff's evidence, which stands uncontested. The court found the deprivation of liberty to be arbitrary and unlawful, particularly given the prolonged period of detention exceeding three years. The plaintiff's suffering, both emotional and physical, was aggravated by poor prison conditions and lack of justification for continued detention. In determining quantum, the court considered previous awards…
Source excerpt
Mosala v Minister of Police (2753/2021) [2024] ZAFSHC 279 (3 September 2024)
The High Court awarded R1 million for unlawful arrest and detention, finding degrading arrest circumstances, poor detention conditions, and significant infringement of liberty and dignity.
Obinyeluba v S (BA01/2024) [2024] ZALMPPHC 73 (9 July 2024)
High Court bail appeal dismissed where alleged new facts—hardship, illness, and pregnancy—were held not to justify release.
Minister of Police v Xopo and Another (CA 155/2023) [2024] ZAECMKHC 41 (9 April 2024)
The High Court held the respondents’ arrest and detention unlawful for lack of reasonable suspicion, but reduced damages from R80,000 to R50,000 each.
Namlela and Another v S (CA&R 16/2024) [2024] ZAECMKHC 25 (7 March 2024)
High Court bail appeal refusing further evidence and upholding bail refusal because the appellants were found to be flight risks.
Mvala v Minister of Police (52/2021) [2023] ZANWHC 235 (12 October 2023)
The High Court awarded R140,000 for unlawful arrest and detention, finding four days in poor police cell conditions justified compensation for the plaintiff’s distress.
Naidoo v Minister of Police (20412/2016) [2023] ZAGPJHC 793 (4 July 2023)
The court found the plaintiff’s arrest for common assault unlawful and awarded R40,000. It held the defendant failed to justify the arrest, but not the longer detention alleged.
Motladile v Minister of Police (414/2022) [2023] ZASCA 94; 2023 (2) SACR 274 (SCA) (12 June 2023)
The Supreme Court of Appeal increased damages for unlawful arrest and detention from R60,000 to R200,000, rejecting a mechanical per-day approach.
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