South Africa Case Law

Odendaal v Minister of Police and Others (24378/2019)

Odendaal v Minister of Police and Others (24378/2019) [2025] ZAGPJHC 153 (20 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

24378/2019

Judge

Mahalelo

The court found that the arresting officer, Captain Myburgh, failed to exercise his discretion rationally when arresting and detaining the plaintiff. The officer did not properly investigate the nature of the dispute, which was contractual and civil rather than criminal, and failed to engage with the plaintiff to ascertain the facts. The arrest was effected in a violent and humiliating manner, and the officer relied solely on the complainant's identification without further inquiry. The court held that the jurisdictional facts required by section 40(1)(b) of the Criminal Procedure Act were no…

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• Unlawful Arrest And Detention
• Damages Assessment
• Constitutional Right To Liberty
• Police Liability
• Quantum Of Damages

Gunter v Minister of Police (4222/2021)

Gunter v Minister of Police (4222/2021) [2024] ZAFSHC 392; [2025] 1 All SA 352 (FB) (29 November 2024)

Court

Free State High Court, Bloemfontein

Case number

4222/2021

Judge

Van Rhyn

The court found that the SAPS member's conduct in detonating a stun grenade near the plaintiff was wrongful and negligent. The evidence, including video footage and credible witness testimony, established that no dangerous situation existed at the time of the incident. The defendant failed to discharge the onus of proving justification by necessity or that the plaintiff voluntarily assumed the risk. The harm to the plaintiff was foreseeable and avoidable, and the SAPS member breached the duty to act reasonably towards the public. The defendant is vicariously liable for the actions of the SAPS…

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• Police Liability
• Wrongful And Negligent Conduct
• Personal Injury
• Assault By State Actor
• Quantum Of Damages

Edwards v Minister of Police (2021/21842)

Edwards v Minister of Police (2021/21842) [2024] ZAGPJHC 1143; 2025 (1) SACR 364 (GJ) (11 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/21842

Judge

L R Adams

The court found the defendants' version more probable than the plaintiff's. The crowd was not peaceful but agitated and violent, refusing to disperse and threatening police and public safety. The SAPS attempted to negotiate and persuade the crowd to leave, but when these efforts failed, they used a stun grenade and fired rubber bullets. The court held that the police were protecting legal interests against a dangerous situation and had no other reasonable means of averting the danger. The force used was not excessive under the circumstances. The requirements for the defence of private defence…

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• Police Liability
• Private Defence
• Necessity
• Minimum Force
• Vicarious Liability

Xuma v Minister of Police (2484/2021)

Xuma v Minister of Police (2484/2021) [2024] ZAFSHC 124 (25 April 2024)

Court

Free State High Court, Bloemfontein

Case number

2484/2021

Judge

Gusha, AJ

The court found, on a balance of probabilities, that the plaintiff was injured by a rubber bullet fired by a police officer during a protest, while he was on private property and not participating in the protest. The defendant failed to call material witnesses from the second Nyala and did not provide expert evidence to support its alternative version. The defence of volenti non fit injuria was raised too late and not substantiated by evidence; the plaintiff did not foresee or consent to the risk of being shot. The conduct of the police was wrongful and negligent, as they fired rubber bullets…

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• Negligence
• Wrongfulness
• Volenti Non Fit Injuria
• Police Liability
• Personal Injury

Moloi v Minister of Police (3178/2021)

Moloi v Minister of Police (3178/2021) [2023] ZAFSHC 478 (8 December 2023)

Court

Free State High Court, Bloemfontein

Case number

3178/2021

Judge

Daniso

The court found that the plaintiff failed to discharge the onus of proving, on a balance of probabilities, that her injuries were caused by a rubber bullet discharged by the police. There was no corroborating evidence, either from witnesses or hospital records, that her injuries were caused by a rubber bullet. The defendant's evidence that only reduced rubber bullets were used, which could not have caused such injuries, was not contradicted. Furthermore, the plaintiff knowingly placed herself in a volatile protest environment, thereby voluntarily assuming the risk of injury. The facts did not…

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• Police Liability
• Negligence
• Assault
• Voluntary Assumption Of Risk

Nomnganga v Minister of Police , RSA (2981/2019)

Nomnganga v Minister of Police , RSA (2981/2019) [2023] ZAECMHC 10 (14 March 2023)

Court

Eastern Cape High Court, Mthatha

Case number

2981/2019

Judge

Notyesi

The court held that the Minister failed to prove self-defence after a police officer shot the plaintiff during a chaotic armed incident near Bizana taxi rank.

• Wrongful Shooting
• Self Defence
• Onus Of Proof
• Police Liability
• Damages
• Credibility Of Witnesses

Lifa v Minister of Police and Others (2020/17691)

Lifa v Minister of Police and Others (2020/17691) [2022] ZAGPJHC 795; [2023] 1 All SA 132 (GJ) (17 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/17691

Judge

BC Wanless

The High Court held that a warrantless arrest for murder was unlawful because police failed to properly test a recanted witness statement and ignored obvious red flags.

• Unlawful Arrest
• Unlawful Detention
• Malicious Prosecution
• Quantum Of Damages
• Onus Of Proof
• Police Liability

Sitali v Minister of Police (1798/2017)

Sitali v Minister of Police (1798/2017) [2022] ZAECMHC 20 (2 August 2022)

Court

Eastern Cape High Court, Mthatha

Case number

1798/2017

Judge

Z M Nhlangulela

The court found that the police had a clear legal and constitutional duty to protect the plaintiff and his family from foreseeable harm, especially after being warned of imminent threats. The police failed to take reasonable steps to prevent the attack, focusing instead on arresting the plaintiff for possession of a firearm and neglecting the safety of his wife, children, and property. The evidence of the police officers was found to be unreliable and improbable, while the plaintiff's version was credible. The causal link between the police's negligent omissions and the loss suffered was esta…

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• Vicarious Liability
• Negligent Omission
• Duty Of Care
• Constitutional Rights
• Causation
• Police Liability

Maphosa v Minister of Police (10505/18)

Maphosa v Minister of Police (10505/18) [2022] ZAGPJHC 486 (26 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

10505/18

Judge

Mahalelo

The High Court held that Maphosa’s arrest and detention were unlawful, finding the warrant was improperly obtained and the police failed to exercise arrest discretion properly.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Warrant Of Arrest
• Police Liability
• Unlawful-arrest

Kampi v The Minister of Police and Another (37677/2020)

Kampi v The Minister of Police and Another (37677/2020) [2022] ZAGPJHC 344 (20 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

37677/2020

Judge

MMP Mdalana-Mayisela

The High Court held that the plaintiff’s arrest was lawful, but his post-appearance detention was unlawful because police withheld relevant information from the prosecutor.

• Unlawful Detention
• Unlawful Arrest
• Quantum Of Damages
• Onus Of Proof
• Police Liability
• Unlawful-arrest