South Africa Case Law

E.L. v Minister of Police and Another (14227/19)

E.L. v Minister of Police and Another (14227/19) [2025] ZAGPJHC 148 (13 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

14227/19

Judge

Mahosi

The Court found the plaintiff to be a credible witness whose version was supported by medical and documentary evidence. The police officers failed to take reasonable steps to prevent harm to the plaintiff during arrest and in custody, breaching their constitutional and statutory duties. The plaintiff's injuries were consistent with assault by police, and the failure to separate him from violent co-detainees and to conduct regular cell inspections constituted negligence, resulting in sexual assault. The Minister failed to rebut the prima facie case of negligence. The plaintiff's detention was…

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• Unlawful Arrest
• Police Negligence
• Unlawful Detention
• Sexual Assault In Custody
• Bill Of Rights Violation
• Quantum Of Damages

Bergman v Minister Van Veiligheid En Sekuriteit (5037/2012)

Bergman v Minister Van Veiligheid En Sekuriteit (5037/2012) [2015] ZAFSHC 184 (17 September 2015)

Court

Free State High Court, Bloemfontein

Case number

5037/2012

Judge

Rampai

The court found that the police received the incident report at 19:57 and arrived on the scene at 20:15, within a reasonable time. The evidence presented by the applicant regarding delayed police response was inconsistent, unreliable, and contradicted by objective cellular and vehicle tracking data. The police did not breach their legal duty to protect the applicant, nor did they act negligently. There was no causal link established between any alleged omission by the police and the damages suffered by the applicant. The applicant failed to discharge the onus of proof required to establish li…

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• Police Negligence
• Constitutional Duty To Protect
• Wrongful Omission
• Causation
• Rape Victim Damages

Links v Minister of Safety and Security and Another (2271/10)

Links v Minister of Safety and Security and Another (2271/10) [2015] ZAECPEHC 18 (30 March 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2271/10

Judge

E Revelas

The court found that the plaintiff's arrest was lawful, as the police had reasonable grounds to suspect his involvement based on information from a co-accused and the presence of a firearm and stolen items at his residence. However, the court held that the plaintiff's continued detention for more than two months was unjustified. The police and prosecution failed to arrange an identity parade and withdraw charges timeously, despite clear indications from the complainants' statements that only two perpetrators were involved and the plaintiff was not identified. The delay in investigation and fa…

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• Unlawful Arrest
• Wrongful Detention
• Damages Assessment
• Police Negligence
• Prosecutorial Duty

Basdew NO v Minister Safety and Security (14271/2007)

Basdew NO v Minister Safety and Security (14271/2007) [2011] ZAKZDHC 50; 2012 (2) SACR 205 (KZD) (4 November 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

14271/2007

Judge

Steyn

High Court delict claim against the police for failing to protect a woman later shot by her ex-husband. The court found the defendant liable and awarded costs.

• Police Negligence
• Wrongful Omission
• Loss Of Support
• Duty Of Care
• Domestic Violence
• Police-negligence

Geldenhuys v Minister of Safety and Security and Another (13169 / 99)

Geldenhuys v Minister of Safety and Security and Another (13169 / 99) [2002] ZAWCHC 2; [2002] 3 All SA 82 (C); 2002 (4) SA 719 (C) (30 January 2002)

Court

Western Cape High Court, Cape Town

Case number

13169 / 99

Judge

Davis

The court found that the plaintiff failed to discharge the onus regarding assault by police employees. However, the evidence established that police officers negligently failed to observe the plaintiff's injuries and summon medical attention timeously, despite clear signs of distress and information about a physical altercation. The police standing orders required hourly cell visits, and the officers' failure to conduct proper inspections or respond to the plaintiff's deteriorating condition constituted a breach of their duty of care. Applying delictual principles, the court held that such om…

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• Police Negligence
• Omission Liability
• Wrongful Detention
• Causation
• General Damages
• Constitutional Values