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South Africa decisions
Decisions matching the current search
Masente v Minister of Police (22/2747) [2025] ZAGPJHC 569 (6 June 2025)
After trial, the High Court dismissed Masente’s claim that SAPS stole R400,000 during a warrantless search, finding his evidence uncorroborated and inconsistent.
Langa and Another v Minister of Police (55541.21 ; 55542.21) [2024] ZAGPPHC 1285 (2 December 2024)
The High Court found that SAPS unlawfully arrested and detained Mr and Mrs Langa and assaulted them, awarding damages and costs against the Minister of Police.
Makamu v Minister of Police and Others (2019/519) [2024] ZAGPPHC 1023 (7 October 2024)
High Court decision finding police officers unlawfully shot, arrested and detained the plaintiff after an encounter during a crime-prevention stop.
Samorah v Minister of Police (81324/2017) [2024] ZAGPPHC 766 (31 July 2024)
The court held the Minister of Police liable after finding that a SAPS member shot the plaintiff in the eye with a rubber bullet during protest action.
Banzana v Minister of Police (480/2021) [2024] ZAECBHC 37 (28 June 2024)
The court found the plaintiff and his witnesses credible, consistent, and supported by documentary evidence, including the occurrence book and medical report. The evidence established that SAPS members unlawfully closed the plaintiff's tavern on 23 April 2021 and subsequently assaulted and arrested him on 25 April 2021. The defendant's sole witness, Sergeant Mzukwa, was found evasive and unreliable, with contradictions in his testimony and inability to account for key details. The occurrence book entries corroborated the plaintiff's version of events, and the purported warning notice was foun…
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Louw v Minister of Police (317/2019) [2023] ZANWHC 233 (12 October 2023)
The High Court awarded the plaintiff R300,000 general damages for injuries and psychological trauma after being shot by police, plus agreed future medical expenses.
Ditira and Others v Minister of Police (1870/2016) [2023] ZANWHC 177 (29 September 2023)
The court found that the defendant failed to discharge the onus of proving the lawfulness of the arrest and detention of the plaintiffs. The police witnesses were evasive and could not credibly explain when and how the plaintiffs' rights and reasons for arrest were explained, especially given the chaotic circumstances at the scene and the mass signing of documents in the boardroom. The plaintiffs were credible and consistent in their evidence that their rights were not explained and that they were detained in degrading conditions. The arrest and detention were found to be unlawful and wrongfu…
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Kunene v Minister of Police (32422/2015) [2023] ZAGPJHC 1003 (7 September 2023)
The court found that Sgt Yende fired the shot that injured the plaintiff. The evidence did not support the defendant's claim that the plaintiff posed any threat or attempted to harm the police officer. Sgt Yende's own testimony indicated that the plaintiff's vehicle had already passed him when the shots were fired, and no weapons were found on the plaintiff or in his vehicle. The defendant failed to discharge the onus to prove that the shooting was justified by self-defence or putative self-defence. The police officers' evidence was inconsistent and lacked credibility. Accordingly, the shooti…
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S v Somadlangathi (CC14/2022) [2023] ZAECMHC 64 (21 August 2023)
The Court found that the warning statement and confession made by the accused were inadmissible due to serious procedural irregularities, unreliable police testimony, and credible allegations of assault and coercion. The investigating officer failed to record accurate dates and times, and the process of taking the confession was tainted by haste, proximity to the investigation, and the use of a commissioned police officer as justice of the peace. The accused's version of events, though embellished, could not be excluded as reasonably possibly true. No evidence linked the accused to the murder…
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Sheriff v Minister of Police (33167/15) [2023] ZAGPJHC 803 (19 July 2023)
The court found the plaintiff’s warrantless arrest and detention by police unlawful and awarded damages for both arrest and detention.
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