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South Africa decisions
Decisions matching the current search
Mkhize v Minister of Police (Appeal) (HCAA17/2023) [2025] ZALMPPHC 102 (23 May 2025)
The High Court upheld the appeal on unlawful arrest and detention, but dismissed the assault claim and remitted quantum for damages.
Mbalela v Minister of Police (1086/2019) [2025] ZAECMHC 8 (18 February 2025)
The High Court held the Minister of Police liable for assault, unlawful arrest and detention after finding the police version unsupported and procedurally unfair.
T.M v Minister of Police (33413/2015) [2025] ZAGPPHC 46 (21 January 2025)
The High Court held that the plaintiff made out a case that he witnessed police assault and humiliate his father, causing emotional shock and psychological trauma.
Nthebolang v Minister of Police (2200/2018) [2025] ZANWHC 7 (10 January 2025)
The High Court awarded R100,000 in general damages for a plaintiff shot with rubber bullets by SAPS members during a protest, plus interest and costs.
Maleka v Minister of Police and Another (4497/2017) [2024] ZALMPPHC 177 (14 November 2024)
The court awarded damages for 11 days’ unlawful arrest and detention and for two police assaults, and ordered punitive attorney-and-client costs.
Matsoso v Minister of Police (415/2019) [2024] ZAFSHC 68 (29 February 2024)
The court found that the plaintiff entered the police vehicle voluntarily and was free to leave until Capt. Mandla unlawfully restricted his movement and assaulted him. The police failed to inform the plaintiff of his rights or the reason for his arrest, and there was no reasonable suspicion that he had committed an offence. The evidence showed that the plaintiff was assaulted with a police-issued baton without justification, and the subsequent arrest and detention were unlawful. The Minister of Police failed to discharge the onus of proving lawfulness. The plaintiff suffered physical injurie…
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Khumalo v Minister Of Police (10061/2020) [2023] ZAGPJHC 1289 (9 November 2023)
The High Court found the plaintiff proved that SAPS members assaulted him at Emmanuel bar, causing a fractured ankle, and held the Minister liable for proven damages.
Xaba and Another v Minister of Police (788/2021; 789/2021) [2023] ZANWHC 154 (31 August 2023)
High Court damages trial on unlawful arrest, detention and assault by police. The court awarded composite monetary relief, costs, interest, and an IPID investigation order.
Rapudungwane v Minister of Police (5524/2019) [2023] ZAFSHC 317 (4 August 2023)
The court found the plaintiff's version credible and corroborated by witness testimony and medical evidence. The defendant's witnesses presented contradictory and evasive accounts, and failed to call key witnesses, justifying an adverse inference. The plaintiff established on a balance of probabilities that he was unlawfully shot by the police, and that his arrest and detention were not justified under section 40(1)(a) of the Criminal Procedure Act. The police's conduct, including ignoring pleas for medical attention and fabricating charges, aggravated the damages suffered. The court held the…
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Tlhatsi v Minister of Police (8716/2010) [2022] ZAKZDHC 47 (11 November 2022)
The court held that the plaintiff’s arrest, detention, and assault by police were unlawful, and awarded him damages, with quantum postponed.
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