South Africa Case Law

Jemsana v Minister of Police (1220/2019)

Jemsana v Minister of Police (1220/2019) [2025] ZAECMHC 69 (5 August 2025)

Court

Eastern Cape High Court, Mthatha

Case number

1220/2019

Judge

JGA Laing

The court found that the applicant failed to demonstrate a reasonable prospect of success on appeal as required by section 17(1) of the Superior Courts Act. The police did not act unlawfully in arresting and detaining the applicant, as the officer verified informer information by questioning and searching the applicant, discovering dagga at his residence. The officer's discretion was exercised rationally, considering the seriousness of the offence, the applicant's unknown status, and the circumstances of the arrest. The alleged assault was not pleaded or pursued, and the court was constrained…

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• Leave To Appeal
• Unlawful Arrest
• Unlawful Detention
• Police Discretion
• Damages
• Superior Courts Act

Likanga v Minister of Police (2022/17032)

Likanga v Minister of Police (2022/17032) [2025] ZAGPJHC 652 (30 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/17032

Judge

Dippenaar

The court found that the plaintiff's version of events was improbable and not supported by evidence. The arresting officer was a peace officer, the offence occurred in his presence, and the arrest was justified under s 40(1)(a) of the Criminal Procedure Act. The officer exercised discretion rationally and in good faith, only arresting the plaintiff after repeated interference and warnings. The plaintiff was informed of his rights, including bail, and his detention was lawful pending necessary verifications. There was no unreasonable delay or failure to consider bail, as the plaintiff did not…

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• Unlawful Arrest
• Unlawful Detention
• Police Discretion
• Bail Rights
• Damages Quantification
• Burden Of Proof

Dlamini and Others v Minister of Police (50725/2021)

Dlamini and Others v Minister of Police (50725/2021) [2025] ZAGPJHC 34 (21 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

50725/2021

Judge

Nharmuravate

The High Court refused leave to appeal, finding no reasonable prospects of success under section 17 of the Superior Courts Act.

• Leave To Appeal
• Unlawful Arrest
• Detention
• Police Discretion
• Prospects Of Success
• Leave-to-appeal

Scheepers v Minister of Police (A2023/118653)

Scheepers v Minister of Police (A2023/118653) [2024] ZAGPJHC 1116; 2025 (1) SACR 437 (GJ) (1 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/118653

Judges

E Raubenheimer, G Malindi

The court found that the arrest and subsequent detention of the appellant were unlawful. The police failed to exercise their discretion properly, did not consider alternatives to arrest, and neglected to investigate the appellant's explanations or assess whether he posed a flight risk or danger. The appellant was eligible for prosecutorial bail before his first court appearance, but the police did not inform him of this right or facilitate the process. The magistrate misdirected herself by ignoring statutory and constitutional requirements, failing to harmonise the appellant's rights to freed…

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• Unlawful Arrest
• Unlawful Detention
• Police Discretion
• Bail Before First Appearance
• Damages For Wrongful Arrest

D.V.M.T v Minister of Police (2021/51114)

D.V.M.T v Minister of Police (2021/51114) [2024] ZAGPJHC 921 (30 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/51114

Judge

Raubenheimer

The High Court held that a domestic-violence arrest and detention were unlawful because the officer failed to assess imminent harm and apply the prescribed statutory factors.

• Domestic Violence Act
• Unlawful Arrest
• Police Discretion
• Protection Order
• Damages Liability
• Domestic-violence-act

Minister of Police v Ose (CA70/2023)

Minister of Police v Ose (CA70/2023) [2024] ZAECMKHC 78 (11 June 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA70/2023

Judges

Bloem, Brooks, Laing

The High Court held that a police arrest for suspected stolen meat was unlawful because the officer did not exercise discretion before arresting the respondent.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Police Discretion
• Stock Theft Act
• Criminal Procedure Act

Syce and Another v Minister of Police (1119/2022)

Syce and Another v Minister of Police (1119/2022) [2024] ZASCA 30; [2024] 2 All SA 662 (SCA); 2024 (2) SACR 1 (SCA) (27 March 2024)

Court

Supreme Court of Appeal

Case number

1119/2022

Judges

Makgoka, Carelse, Weiner, Goosen, Tokota

The Supreme Court of Appeal found that the arresting officer's alleged failure to exercise discretion was not properly pleaded or substantiated by evidence, and the arrest was lawful. However, the continued detention of Mr Syce after his blood sample and particulars were obtained was not justified, as the police failed to inform him of his right to apply for bail and did not provide evidence to justify his detention until release. The Minister bore the onus to prove lawfulness of detention and failed to discharge it. The high court erred in awarding costs for the interest appeal beyond the da…

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• Unlawful Arrest
• Unlawful Detention
• Police Discretion
• Damages For Wrongful Detention
• Interest On Damages
• Costs Award

Groves N.O. v Minister of Police (CCT 223/22)

Groves N.O. v Minister of Police (CCT 223/22) [2023] ZACC 36; 2024 (1) SACR 286 (CC); 2024 (4) BCLR 503 (CC) (14 November 2023)

Court

Constitutional Court

Case number

CCT 223/22

Judges

Zondo, Maya, Kollapen, Madlanga, Majiedt, Mathopo, Potterill, Rogers, Theron

The Constitutional Court held that a peace officer executing a warrant of arrest under section 43(2) of the Criminal Procedure Act does not have a discretion to refrain from making the arrest. The obligation to arrest is imposed by the warrant, and the officer is not required to be familiar with the underlying facts or the contents of the docket. The discretion to arrest lies with the Magistrate or justice who issues the warrant, not with the executing officer. The Court found that the reasoning of the High Court regarding the exercise of discretion by the arresting officer was flawed, but th…

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• Warrant Of Arrest
• Police Discretion
• Section 43 Criminal Procedure Act
• Bill Of Rights Limitation
• Punitive Costs
• Wrongful Arrest

Minister of Police v Kekana (A3074/2022)

Minister of Police v Kekana (A3074/2022) [2023] ZAGPJHC 850 (27 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A3074/2022

Judges

Y Carrim, GC Wright

The High Court held that Mr Kekana’s continued detention after a lawful arrest was unlawful because police failed to exercise their discretion to release him on warning.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Police Discretion
• Criminal Procedure Act
• Unlawful-detention

Ndiyalwa v Minister of Police (EL1605/21)

Ndiyalwa v Minister of Police (EL1605/21) [2023] ZAECELLC 16 (18 July 2023)

Court

Eastern Cape High Court, East London Local Court

Case number

EL1605/21

Judge

Cengani-Mbakaza

The High Court held that the plaintiff’s arrest and detention were lawful because police had a reasonable suspicion based on credible identification evidence.

• Unlawful Arrest
• Unlawful Detention
• Reasonable Suspicion
• Police Discretion
• Damages Claim
• Standing Orders