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South Africa Case Law

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Delict [2025] ZANWHC 7

Nthebolang v Minister of Police (2200/2018)

Nthebolang v Minister of Police (2200/2018) [2025] ZANWHC 7 (10 January 2025)

The High Court awarded R100,000 in general damages for a plaintiff shot with rubber bullets by SAPS members during a protest, plus interest and costs.

  • Police Assault
  • General Damages
  • Quantum Assessment
  • Post Traumatic Stress Disorder
  • Police-assault
  • General-damages
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Delict [2024] ZAGPPHC 218

Matlala v Minister of Police (49653/2021)

Matlala v Minister of Police (49653/2021) [2024] ZAGPPHC 218 (13 March 2024)

The High Court held that Elizabeth Mantombi Matlala’s arrest and two-day detention were unlawful and wrongful, awarding her R190,000 in damages.

  • Unlawful Arrest
  • Unlawful Detention
  • Actio Iniuriarum
  • Post Traumatic Stress Disorder
  • Quantification Of Damages
  • Unlawful-arrest
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Delict [2023] ZAFSHC 273

P.S.K v Minister of Police and Another - Appeal (3046/2013; A51/2022)

P.S.K v Minister of Police and Another - Appeal (3046/2013; A51/2022) [2023] ZAFSHC 273 (20 July 2023)

High Court appeal about damages for police assault and unlawful arrest. The court set aside the quantum order, finding the PTSD and income evidence needed reconsideration.

  • Unlawful Arrest
  • Assault By Police
  • Quantum Of Damages
  • Post Traumatic Stress Disorder
  • Expert Evidence
  • Remittal For Retrial
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Delict [2023] ZAWCHC 84

Marshall v Pillay (3761/17)

Marshall v Pillay (3761/17) [2023] ZAWCHC 84 (28 April 2023)

A dog-bite claim under actio de pauperie succeeded. The court awarded general damages, unpaid medical expenses, and limited future physiotherapy costs.

  • Actio De Pauperie
  • Dog Bite Liability
  • General Damages
  • Future Medical Expenses
  • Post Traumatic Stress Disorder
  • Quantum Of Damages
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Labour Law [2023] ZAKZPHC 41

Ramanand v Department of Labour: Compensation Commissioner (AR 191/2022)

Ramanand v Department of Labour: Compensation Commissioner (AR 191/2022) [2023] ZAKZPHC 41; [2023] 7 BLLR 702 (KZP); (2023) 44 ILJ 1816 (KZP) (14 April 2023)

The court found that the tribunal erred in law by relying on Circular Instruction 172, which is not binding and conflicts with the Compensation for Occupational Injuries and Diseases Act. The appellant's disablement was caused by a single traumatic event in the course of employment, and uncontroverted expert evidence established permanent total disablement due to PTSD. The Act and Schedule 2 require a generous interpretation to promote social security, and the sixth classification covers any injury resulting in permanent total disablement, regardless of its nature. The tribunal failed to prov…

  • Compensation For Occupational Injuries
  • Post Traumatic Stress Disorder
  • Disablement Assessment
  • Interpretation Of Social Legislation
  • Judicial Review Of Administrative Action
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Delict [2022] ZAWCHC 37

CS and Another v Swanepoel and Others (19027/13)

CS and Another v Swanepoel and Others (19027/13) [2022] ZAWCHC 37; [2022] 2 All SA 810 (WCC); [2022] 7 BLLR 660 (WCC) (17 March 2022)

The plaintiff proved on a balance of probabilities that the first defendant sexually assaulted her at school. Her evidence was clear, consistent, and corroborated by independent witnesses. The Department, as employer, owed a legal duty to vet the first defendant for prior convictions and failed to do so, despite the known risk of sexual exploitation of children by educators. This omission was negligent and directly enabled the assault. The Department is vicariously liable for the first defendant's wrongful act, as it occurred during school hours and was sufficiently linked to his employment.…

  • Sexual Assault Of Minor
  • Vicarious Liability
  • Duty Of Care In Schools
  • Negligent Vetting Of Employees
  • Post Traumatic Stress Disorder
  • Abuse Of Process
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Labour Law [2016] ZAECGHC 20

P.E v Ikwezi Municipality and Another (828/2011)

P.E v Ikwezi Municipality and Another (828/2011) [2016] ZAECGHC 20; [2016] 2 All SA 869 (ECG); [2016] 7 BLLR 723 (ECG); (2016) 37 (ILJ) 1799 (ECG); 2016 (5) SA 114 (ECG) (31 March 2016)

The court found that the second defendant, as Corporate Services Manager and immediate superior to the plaintiff, abused his position of authority to commit a sexual assault in the workplace. The employer placed him in a position of trust and control over the plaintiff's working conditions, which facilitated the opportunity for the assault. The court held that the common law must be developed, in line with constitutional values of dignity and equality, to impose vicarious liability on employers for sexual harassment perpetrated by superior employees. The employer also breached its direct duty…

  • Sexual Harassment
  • Vicarious Liability
  • Employer Duty Of Care
  • Post Traumatic Stress Disorder
  • Workplace Discrimination
  • Disciplinary Procedure
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Civil Procedure [2014] ZAECGHC 68

A.M v Minister of Safety and Security (963/2012)

A.M v Minister of Safety and Security (963/2012) [2014] ZAECGHC 68; 2015 (2) SACR 28 (ECG) (18 August 2014)

The court found the plaintiff to be a credible witness and rejected the defendant's evidence as improbable, inconsistent, and exaggerated. The arresting officer failed to establish that the plaintiff was drunk and disorderly in the legal sense, and the arrest and detention were therefore unlawful. The court accepted the plaintiff's account of sexual assault, supported by medical evidence of recent anal injuries and psychological evidence of PTSD. The only police officer fitting the description and with access to the cell was Sergeant Franks. The defendant's version was found to be false and m…

  • Wrongful Arrest And Detention
  • Sexual Assault
  • Police Misconduct
  • Quantum Of Damages
  • Post Traumatic Stress Disorder
  • Future Medical Expenses
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Delict [2014] ZAGPPHC 205

F v Minister of Safety And Security and Another (4194/2006)

F v Minister of Safety And Security and Another (4194/2006) [2014] ZAGPPHC 205 (11 April 2014)

High Court quantum judgment awarding damages after a rape by an off-duty policeman, with compensation for general damages, future treatment, and loss of earnings.

  • Vicarious Liability
  • Quantum Of Damages
  • Post Traumatic Stress Disorder
  • Loss Of Earning Capacity
  • General Damages
  • Contumelia
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Delict [2013] ZANWHC 51

Philander v Minister of Safety and Security (473/2011)

Philander v Minister of Safety and Security (473/2011) [2013] ZANWHC 51 (6 June 2013)

The court found that the plaintiff was assaulted and raped by police officers, whose core function is to protect the public. The injuries sustained were physical, mental, and psychological, including post-traumatic stress disorder and contumelia. The court considered the severity of the violation of constitutional rights, the psychological impact, and comparable case law. The plaintiff did not suffer serious physical injuries requiring hospitalization, but the emotional and dignitary harm was significant. The court exercised its discretion to award R60,000 for claim 1 (assault) and R180,000 f…

  • Assault By Police
  • Rape By Police Officer
  • General Damages Quantification
  • Contumelia
  • Post Traumatic Stress Disorder
  • Bill Of Rights Violation
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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.