South Africa Case Law

L.D v Minister of Police and Another (3046/2022)

L.D v Minister of Police and Another (3046/2022) [2024] ZAECQBHC 81 (28 November 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

3046/2022

Judge

T Rossi

The court found that the plaintiff's arrest and initial detention were unlawful as the police failed to properly investigate his explanation for possession of the vehicle, did not verify exculpatory evidence, and did not consider less invasive means to secure his attendance at court. The plaintiff provided a reasonably possible and bona fide account of his possession, which the police disregarded. The further detention from 2 to 17 March 2022 was also unlawful, as the police and prosecutor failed in their public law duties to present all relevant information to the court, including the lack o…

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• Unlawful Arrest
• Unlawful Detention
• Malicious Prosecution
• Quantum Of Damages
• Constitutional Rights
• Public Law Duty

Maela-Dipheko v Passenger Rail Agency of South Africa (28975/2014)

Maela-Dipheko v Passenger Rail Agency of South Africa (28975/2014) [2024] ZAGPPHC 356 (18 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

28975/2014

Judge

Ntlama-Makhanya

The High Court held PRASA 100% liable after a commuter was pushed onto the rails during a crowded platform change at Pretoria station.

• Public Law Duty
• Negligence
• Contributory Negligence
• Reasonable Safety Measures
• Apportionment Of Damages Act
• Liability Of Organs Of State

BE obo JE v MEC for Social Development, Western Cape (CCT 234/20)

BE obo JE v MEC for Social Development, Western Cape (CCT 234/20) [2021] ZACC 23; 2021 (10) BCLR 1087 (CC); 2022 (1) SA 1 (CC) (27 August 2021)

Court

Constitutional Court

Case number

CCT 234/20

Judges

Mogoeng, Jafta, Khampepe, Madlanga, Majiedt, Mhlantla, Pillay, Theron, Tlaletsi, Tshiqi

The Constitutional Court held that the Minister for Social Development, Western Cape, does not owe a private law duty to ensure the day-to-day safety of children at Early Childhood Development Centres and places of care. The regulatory framework, including the Child Care Act and its regulations, imposes oversight and registration duties but does not contemplate operational control or a duty to pay damages for injuries resulting from daily activities at such facilities. Imposing such liability would be unduly burdensome, create a chilling effect on the administration of thousands of centres na…

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• Wrongfulness
• Public Law Duty
• Child Care Facilities
• Section 28 Constitution
• Statutory Interpretation
• Regulatory Liability

Buthelezi v Minister of Police and Others (D7472/2013)

Buthelezi v Minister of Police and Others (D7472/2013) [2021] ZAKZDHC 20 (2 August 2021)

Court

Kwazulu-Natal High Court, Durban

Case number

D7472/2013

Judge

M R Chetty

High Court quantum judgment awarding damages for 388 days of unlawful detention, with R1.6 million general damages plus agreed special damages and lost income.

• Unlawful Detention
• Quantum Of Damages
• Constitutional Right To Liberty
• Public Law Duty
• Mental Anguish
• Media Publicity

Badu v Minister of Police & another (4716/2014)

Badu v Minister of Police & another (4716/2014) [2021] ZAECGHC 53 (19 January 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

4716/2014

Judge

J M Roberson

High Court claim for unlawful detention failed after the court found the plaintiff’s statements did not clearly amount to confessions.

• Unlawful Detention
• Admissibility Of Confession
• Public Law Duty
• Malicious Prosecution
• Unlawful-detention
• Admissibility-of-confession

Buthelezi v Minister of Police and Others (D7472/2013)

Buthelezi v Minister of Police and Others (D7472/2013) [2019] ZAKZPHC 49 (30 July 2019)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

D7472/2013

Judge

Chetty

The court found that the investigating officer and prosecutor failed in their public law duty to disclose material exculpatory evidence at the bail hearing, including the statement of Ms Mkhize and the circumstances under which the complainant implicated the plaintiff. These omissions misled the magistrate, resulting in the refusal of bail and the plaintiff's unlawful detention for over a year. The court held that the duty to act fairly and disclose all relevant evidence is constitutionally mandated, and its breach rendered the detention unlawful. The liability was found to rest with the firs…

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• Unlawful Detention
• Public Law Duty
• Failure To Disclose Evidence
• Constitutional Damages
• Duty Of Care
• Criminal Procedure Act

Tesana and Others v National Director of Public Prosecutions (3844/2017)

Tesana and Others v National Director of Public Prosecutions (3844/2017) [2019] ZAECGHC 28 (19 March 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

3844/2017

Judge

C Plasket

The court found that the plaintiffs were not under arrest when they appeared in court, having been issued warnings under section 72 of the Criminal Procedure Act. The prosecutor failed to inform the magistrate of this fact, leading to the mistaken belief that the plaintiffs were in custody and necessitating a formal bail application. This omission was a breach of the public law duty to protect the plaintiffs' right to freedom. The magistrate's order for detention was causally linked to the prosecutor's failure to disclose the plaintiffs' status. The detention from 26 June 2015 to 3 July 2015…

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• Unlawful Detention
• Public Law Duty
• Damages For Wrongful Detention
• Constitutional Rights
• Causation
• Quantum Of Damages

De beer v Minister of Police and Another (4888/2017)

De beer v Minister of Police and Another (4888/2017) [2019] ZAECGHC 26 (12 March 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

4888/2017

Judge

J M Roberson

The court found that the arresting officer, MO, exercised her discretion properly and her suspicion was based on solid grounds, including consistent statements from the complainant, corroboration from the medical examination, and the seriousness of the offence. The officer's failure to obtain additional statements before arrest was not unreasonable given the circumstances. The prosecutor's assessment of a prima facie case was reasonable based on the available evidence, and his failure to disclose the complainant's earlier denial or the age of injuries in the J88 was not material enough to hav…

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• Wrongful Arrest
• Unlawful Detention
• Public Law Duty
• Reasonable Suspicion
• Bail Application

Nogqala v Minister of Police (1898/2014)

Nogqala v Minister of Police (1898/2014) [2018] ZAECGHC 83 (4 September 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

1898/2014

Judge

M Roberson

The court held the Minister of Police liable for wrongful arrest and detention after a warrant was improperly obtained and the officer failed to disclose the charge’s withdrawal.

• Wrongful Arrest
• Wrongful Detention
• Public Law Duty
• Damages
• Exercise Of Discretion
• Wrongful-arrest

Macakathi v National Minister of Police (1352/2012)

Macakathi v National Minister of Police (1352/2012) [2015] ZAECGHC 103 (7 October 2015)

Court

Eastern Cape High Court, Grahamstown

Case number

1352/2012

Judge

J M Roberson

The court found that the plaintiff's arrest on 15 December 2009 was not based on reasonable suspicion, as the police knew he was not the owner of the vehicle and failed to investigate further. The police officers, particularly Constable Mhlaba, did not act on the possibility that someone else was responsible for the fraudulent disc and arrested the plaintiff without solid grounds. Regarding the detention from 17 to 23 December 2009, the court held that the police breached their public law duty by failing to disclose material facts to the prosecutor and by recommending that bail be opposed wit…

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• Wrongful Arrest
• Unlawful Detention
• Quantum Of Damages
• Public Law Duty
• Criminal Procedure Act