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South Africa decisions
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N.W and Others v Minister of Police (3444/2015) [2025] ZAECQBHC 20 (19 June 2025)
Quantum judgment in a delict claim over a shooting and hostage incident. The court rejected unsupported claims by the first plaintiff, but awarded damages to the second and to three children.
Sayed N.O (Curatrix Ad Litem for FGW F[...]) v Road Accident Fund (A102/2023) [2025] ZAGPPHC 102 (11 February 2025)
Appeal upheld in a Road Accident Fund matter after the trial court underweighted a child’s psychological and cognitive sequelae, increasing general damages to R1 million.
Marule v Minister of Police (86694/2014) [2024] ZAGPPHC 1213 (14 November 2024)
Quantum hearing for unlawful arrest and detention; the High Court awarded general damages, future psychotherapeutic and psychiatric expenses, and costs of two counsel.
Pholo v Minister of Police (687/2021) [2024] ZANWHC 203 (5 August 2024)
High Court judgment on unlawful arrest and detention, awarding damages and future medical expenses to the plaintiff after finding the police had no lawful justification.
Louw v Fourie N.O and Another (3074/2016) [2024] ZAFSHC 211 (8 July 2024)
The High Court found Netcare liable for failing to respond to repeated complaints about workplace abuse, awarded damages and punitive costs, but declined a published apology.
Manala obo Estate Manala v Minister of Police and Others (13342/2013) [2023] ZAGPPHC 635 (26 July 2023)
The court held that the Minister of Police is liable only for the period of detention prior to the magistrate's remand order, amounting to two days. The De Klerk precedent was distinguished, as there was no evidence of malice or misconduct by the police in this case. The psychiatric evidence supported an award for psychological injury, but the circumstances were not comparable to cases involving longer detention or aggravated harm. Considering the facts, including the ameliorated psychological impact and the absence of aggravating factors, the court found R100,000 to be fair and reasonable co…
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Moloi v Minister of Police (216/2016) [2023] ZANWHC 94 (22 June 2023)
The High Court awarded damages for unlawful arrest and 66 days’ detention, plus future psychotherapy costs, after the claim’s merits were conceded.
Minister of Police v Mbonane and Another (A44/2019; A45/2019) [2022] ZAMPMHC 12 (22 September 2022)
The High Court upheld an appeal in a prescription dispute, holding that the respondents' psychological injury claims prescribed from the date they witnessed the assault.
Zwane v S (A03/2022) [2022] ZAGPJHC 313 (12 May 2022)
The court held that there was no irregularity or misdirection in the sentencing process. The appellant's personal circumstances, including his age, status as a first offender, and lack of serious physical injuries to the victim, were considered but did not amount to substantial and compelling circumstances justifying a departure from the prescribed minimum sentence of life imprisonment. The psychological trauma suffered by the victim and the aggravating circumstances of the offence, including the abduction and gang rape of a minor, outweighed any mitigating factors. The sentence imposed was p…
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Mukwevho v Minister of Police (4447/2018) [2021] ZAGPJHC 463 (15 June 2021)
The High Court held the plaintiff’s arrest and 10-day detention unlawful despite a warrant, and awarded damages for general harm, therapy, and past income loss.
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