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Xulu v Minister Of Police and Another (21/52147) [2023] ZAGPJHC 1030 (13 September 2023)
The court held that police unlawfully arrested and detained a robbery victim who acted in self-defence, awarding R2.6 million and dismissing malicious prosecution.
Mmabi and Another v Minister of Safety and Security (66598/2012) [2016] ZAGPPHC 958 (21 April 2016)
The court found that the plaintiffs' arrest and detention on 6 June 2012 were unlawful and that bail had never been withdrawn. The police's authority to detain ceased after the plaintiffs' appearance before the magistrate on 7 June 2012, and there was no legal justification for their continued detention until 15 June 2012. The record provided no reasons for further detention, and the magistrate was functus officio after the appearance. The plaintiffs were thus unlawfully detained for nine days. The court exercised its discretion in determining damages, considering the plaintiffs' personal cir…
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