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South Africa decisions
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T.I.M v Minister of Police and Another (1910/2017) [2025] ZALMPPHC 137 (21 July 2025)
The High Court awarded R80,000 for the unlawful arrest and detention of a 17-year-old, citing his vulnerability, poor cell conditions, and humiliation.
Van der Nest NO v Minister of Police (154/2024) [2025] ZASCA 42; [2025] 2 All SA 655 (SCA) (10 April 2025)
The Supreme Court of Appeal found that the full court erred in setting aside the proceedings on a technicality regarding the administration of the oath, as the record and context indicated the witness was properly sworn in and no party raised objection. The full court further breached the appellant's right to be heard by delivering judgment without allowing submissions on the issue. On quantum, the high court's award of R15,000 was found to be mechanically determined and not commensurate with the circumstances, including humiliation, deprivation, and malicious conduct. The appellate court, ha…
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Wilson v Minister of Police and Others (2021/56553) [2025] ZAGPJHC 268 (11 March 2025)
The court found that the plaintiff's arrest was unlawful as the SAPS failed to comply with the requirements of the Protection from Harassment Act, specifically the absence of reasonable grounds for imminent harm and failure to properly execute the warrant. The investigating officer did not act in terms of the Act and did not apply his mind to the mandatory considerations. The plaintiff should have been given a written notice to appear in court rather than being arrested. The unlawful arrest directly caused the plaintiff's continued detention, as she would not have been in custody but for the…
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Mokoena v Road Accident Fund (45151/2022) [2025] ZAGPJHC 124 (13 February 2025)
The court found that the plaintiff suffered significant injuries resulting in permanent impairment, affecting both his physical and cognitive abilities. Although the plaintiff returned to work and currently earns more than his pre-accident income, expert evidence established that his career prospects and earning capacity have been detrimentally affected. The court determined that the expert reports, while not flawless, provided sufficient basis for assessing damages. Applying relevant legal principles and considering the nature of the injuries, sequelae, and comparative awards, the court awar…
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S.T.T and Others v Minister of Police (A2023/114372) [2024] ZAGPJHC 1180 (20 November 2024)
Appeal over unlawful arrest partly upheld: the arrest of four appellants was held unlawful, while the infant appellant’s claim failed.
Boysa v Minister of Police (472/2021) [2024] ZANWHC 252; [2025] 1 All SA 140 (NWM) (10 October 2024)
High Court award of R95,000 for unlawful arrest and detention, with interest from service of summons and High Court scale costs.
Honourable Minister of Police v Mkhwankazi (Leave to Appeal) (D9007/2016) [2024] ZAKZDHC 68 (23 September 2024)
Condonation for late filing was granted, but leave to appeal was refused because the court found no reasonable prospects of success on the interest issue.
Minister of Police v Mkwanazi (D9007/2016) [2024] ZAKZDHC 78 (23 September 2024)
The court granted condonation for a late leave-to-appeal application but refused leave, finding no reasonable prospects of success on the interest award.
Basdeo and Another v Discovery Life Limited (056880/23) [2024] ZAGPPHC 884 (10 September 2024)
The High Court granted summary judgment for interest and attorney-and-client costs, finding the insurer’s deferment pending police investigation was not a bona fide defence.
Botes v Ekhuruleni Metropolitan Municipality (2011/32313) [2024] ZAGPJHC 788 (22 August 2024)
The High Court held the municipality negligent for failing to repair potholes or warn road users, but found the plaintiff 20% contributorily negligent.
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