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South Africa Case Law

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Delict [2023] ZAECMHC 18

Matinjwa v Minister of Police (566/2016)

Matinjwa v Minister of Police (566/2016) [2023] ZAECMHC 18 (25 April 2023)

The court held the police liable for unlawful search, arrest and assault of the plaintiff, relying on his evidence, medical corroboration and the defendant’s failure to rebut it.

  • Unlawful Search And Seizure
  • Unlawful Arrest
  • Police Brutality
  • Constitutional Damages
  • Vicarious Liability
  • Personal Injury
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Delict [2022] ZAGPPHC 83

Mabuza v Minister of Police (81020/2015)

Mabuza v Minister of Police (81020/2015) [2022] ZAGPPHC 83 (14 February 2022)

The High Court dismissed a delictual claim for alleged SAPS assault, finding the plaintiff’s versions inconsistent, unreliable, and not proved on a balance of probabilities.

  • Actio Iniuriarum
  • Police Brutality
  • Pleadings And Particulars
  • Onus Of Proof
  • Credibility Of Witnesses
  • Delict
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Criminal Law [2020] ZAECMHC 63

S v Gqoki and Others (CC14/2018)

S v Gqoki and Others (CC14/2018) [2020] ZAECMHC 63; 2025 (1) SACR 465 (ECM) (26 February 2020)

The court excluded alleged confessions and a pointing out after finding a reasonable possibility of police assault and undue influence, then discharged all accused under section 174.

  • Admissibility Of Confessions
  • Police Brutality
  • Minimum Sentence Legislation
  • Trial Within A Trial
  • Section 174 Discharge
  • Admissibility-of-confessions
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Delict [2018] ZAGPJHC 64

Mabota v MEC for Community Safety, In Re: Mabota v MEC for Community Safety (24878/2015)

Mabota v MEC for Community Safety, In Re: Mabota v MEC for Community Safety (24878/2015) [2018] ZAGPJHC 64 (10 April 2018)

The High Court held that two brothers were unlawfully arrested and maliciously prosecuted by provincial officers, and awarded damages plus costs.

  • Unlawful Arrest
  • Malicious Prosecution
  • Police Brutality
  • Damages Assessment
  • Constitutional Rights
  • Independent Police Investigative Directorate Act
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Delict [2012] ZAGPPHC 73

Motau v Minister of Safety and Security and Others (30024/05)

Motau v Minister of Safety and Security and Others (30024/05) [2012] ZAGPPHC 73 (30 April 2012)

The High Court found the plaintiff was unlawfully assaulted by police, causing serious injury and blindness in one eye, and awarded punitive costs.

  • Police Brutality
  • Assault By State Officials
  • Vicarious Liability
  • Punitive Costs
  • Forgery And Uttering
  • Condonation Application
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.