South Africa Case Law

S v Sodidi and Others (CC 9/2024)

S v Sodidi and Others (CC 9/2024) [2025] ZAECBHC 7 (14 March 2025)

Court

Eastern Cape High Court, Bhisho

Case number

CC 9/2024

Judge

Zono

The court found that the State had presented evidence from multiple witnesses establishing that the accused acted in concert and in furtherance of a common purpose in kidnapping, assaulting, and causing the death of the deceased. The evidence showed that the deceased was deprived of his liberty, physically controlled, and assaulted with hands, fists, feet, broomstick, and iron rod, resulting in fatal blunt trauma. The medical evidence corroborated the cause of death. The court held that the prosecution had established a prima facie case against all accused on all counts. At this stage, the cr…

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• Section 174 Discharge
• Common Purpose
• Kidnapping
• Assault With Intent To Do Grievous Bodily Harm
• Murder
• Prima Facie Case

Mosia v Minister of Police and Another (173/2022)

Mosia v Minister of Police and Another (173/2022) [2025] ZAFSHC 5 (9 January 2025)

Court

Free State High Court, Bloemfontein

Case number

173/2022

Judge

Mahlatsi AJ

The court found that the arrest and detention of the plaintiff were lawful. The arresting officer had reasonable suspicion based on witness statements and prior knowledge of the plaintiff's nickname, which was corroborated by official records. The officer exercised discretion properly and provided credible, reliable evidence. The plaintiff failed to provide an alibi or exculpatory statement at the time of arrest. Regarding malicious prosecution, the court held that the plaintiff did not discharge the onus to prove that the prosecution was instituted without reasonable and probable cause or wi…

Source excerpt

• Unlawful Arrest
• Malicious Prosecution
• Reasonable Suspicion
• Onus Of Proof
• Prima Facie Case

G.P v Venter (A 100/2024)

G.P v Venter (A 100/2024) [2024] ZAGPPHC 1161 (13 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

A 100/2024

Judges

Holland-Muter, Makhoba

The court found that the appellant failed to establish urgency, as the last alleged incident occurred in November 2022 and the application was only brought in October 2023. The appellant's explanations for the delay, including claims of entrapment and threats, were unsupported by evidence. Allegations of murder, embezzlement, and false criminal charges were speculative and unsubstantiated. The transcript and record did not demonstrate any procedural irregularity under PAJA. The invocation of section 11(2) of the Constitution was not justified by the facts. The appellant did not present a prim…

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• Protection From Harassment Act
• Urgency In Interdicts
• Prima Facie Case
• Constitutional Rights Section 11

Solomons v S (A163/2024)

Solomons v S (A163/2024) [2024] ZAWCHC 305 (10 October 2024)

Court

Western Cape High Court, Cape Town

Case number

A163/2024

Judge

Andrews

The High Court dismissed a bail appeal, holding that the magistrate was not wrong to refuse release because the appellant failed to show that bail was in the interests of justice.

• Bail Application
• Criminal Procedure Act
• Interest Of Justice
• Schedule 5 Offences
• Flight Risk
• Prima Facie Case

Menyo v Minister of Police and Another (579/2021)

Menyo v Minister of Police and Another (579/2021) [2024] ZAECMHC 74 (17 September 2024)

Court

Eastern Cape High Court, Mthatha

Case number

579/2021

Judge

T.V Norman

The High Court held the second defendant liable for malicious prosecution after finding no reasonable and probable cause, malice, and a failed prosecution.

• Malicious Prosecution
• Prima Facie Case
• Animus Injuriandi
• Unlawful Arrest
• Unlawful Detention
• Malicious-prosecution

Bland v Abaqulusi Municipality (8144/2019P)

Bland v Abaqulusi Municipality (8144/2019P) [2024] ZAKZPHC 74 (23 August 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8144/2019P

Judge

Mngadi

The High Court dismissed a municipality’s application for absolution from the instance in a pavement-fall damages claim, finding a prima facie case on liability.

• Municipal Liability
• Personal Injury
• Maintenance Of Public Pavements
• Absolution From The Instance
• Burden Of Proof
• Prima Facie Case

Nhlapo-Khumalo v Minister of Police and Others (16408/2022)

Nhlapo-Khumalo v Minister of Police and Others (16408/2022) [2024] ZAGPJHC 838 (22 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

16408/2022

Judge

Botsi-Thulare

The High Court granted absolution from the instance in a damages claim for alleged unlawful arrest, detention and malicious prosecution.

• Absolution From Instance
• Unlawful Arrest
• Unlawful Detention
• Malicious Prosecution
• Prima Facie Case
• Reasonable Suspicion

S v Nkuna (CC02/2023)

S v Nkuna (CC02/2023) [2024] ZAGPPHC 1050 (22 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC02/2023

Judge

PD. Phahlane

The court found that the State's case rested almost entirely on the evidence of Mr Mathunzi, who was a single witness and an accomplice. His evidence was marked by numerous contradictions, improbabilities, and inconsistencies, both internally and when compared to other witnesses and his own prior statements. The court held that his evidence was of such poor quality that it could not be safely relied upon. No credible evidence linked the accused to the offences charged, nor placed him at the relevant locations. The State failed to establish a prima facie case against the accused, and there was…

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• Section 174 Discharge
• Prima Facie Case
• Credibility Of Single Witness
• Accomplice Evidence
• Constitutional Right To Silence

Scania Finance Southern Africa (Pty) Ltd v Lekgawutsane Close Corporation (A06/2024)

Scania Finance Southern Africa (Pty) Ltd v Lekgawutsane Close Corporation (A06/2024) [2024] ZAMPMBHC 54 (14 August 2024)

Court

Mbombela High Court, Mpumalanga

Case number

A06/2024

Judges

Mazibuko, Mashile, Oosthuizen-Senekal

Appeal against refusal of provisional liquidation upheld; the court found a prima facie case on unpaid lease debts and granted provisional winding up.

• Provisional Liquidation
• Close Corporations Act
• Prima Facie Case
• Commercial Insolvency
• Provisional-liquidation
• Close-corporations-act

Alberts v Muller (2021/45446)

Alberts v Muller (2021/45446) [2024] ZAGPJHC 768 (2 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/45446

Judge

JL Bhengu

The court dismissed a landlord-defendant’s application for absolution from the instance in a delict claim over a falling sliding gate, finding a prima facie case.

• Absolution From The Instance
• Duty Of Care
• Negligence
• Lease Agreement
• Prima Facie Case
• Maintenance Of Premises