South Africa Case Law

Van der Nest NO v Minister of Police (154/2024)

Van der Nest NO v Minister of Police (154/2024) [2025] ZASCA 42; [2025] 2 All SA 655 (SCA) (10 April 2025)

Court

Supreme Court of Appeal

Case number

154/2024

Judges

Mocumie, Schippers, Coppin, Musi, Vally

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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• Unlawful Arrest
• Unlawful Detention
• Quantification Of General Damages
• Administration Of Oath
• Audi Alteram Partem
• Prescribed Rate Of Interest

Combo v Minister of Police (5904/2018)

Combo v Minister of Police (5904/2018) [2024] ZAECMHC 33 (11 June 2024)

Court

Eastern Cape High Court, Mthatha

Case number

5904/2018

Judge

M Makaula

The High Court found police liable for a rubber-bullet injury during a protest and awarded R50,000 for pain and suffering, but rejected claims for income loss and future earnings.

• Unlawful Police Conduct
• Personal Injury
• Quantification Of General Damages
• Loss Of Earning Capacity
• Delict
• Police-liability

Mthanti v Minister of Police and Another (37674/2020)

Mthanti v Minister of Police and Another (37674/2020) [2023] ZAGPJHC 411 (28 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

37674/2020

Judge

A.M van der Merwe

The High Court held that the plaintiff’s warrantless arrest and continued detention were unlawful and awarded R425,000 in general damages.

• Unlawful Arrest
• Unlawful Detention
• Quantification Of General Damages
• Onus Of Proof
• Section 40 Criminal Procedure Act
• Unlawful-arrest

Mashinini v Member of the Executive Council for Health, Gauteng Province (1352/2017)

Mashinini v Member of the Executive Council for Health, Gauteng Province (1352/2017) [2021] ZAGPJHC 26 (11 March 2021)

Court

South Gauteng High Court, Johannesburg

Case number

1352/2017

Judge

Adams

The court found that, regarding the public healthcare defence, there are reasonable prospects that another court may reach a different conclusion, particularly on whether compensation in kind is appropriate given the evidence and the development of the common law. Therefore, leave to appeal on this issue is granted to the Supreme Court of Appeal. However, as to the quantification of general damages, the court held that the award was just and fair, and there is no reasonable prospect that another court would interfere with the trial court's discretion. Leave to appeal on the quantum of general…

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• Public Healthcare Defence
• Quantification Of General Damages
• Leave To Appeal Standard
• Medical Negligence
• Compensation In Kind

Kriel NO obo S v Member of the Executive Council for Health, Gauteng Provincial Government (9407/2017)

Kriel NO obo S v Member of the Executive Council for Health, Gauteng Provincial Government (9407/2017) [2020] ZAGPJHC 273 (4 November 2020)

Court

South Gauteng High Court, Johannesburg

Case number

9407/2017

Judge

P.A. Meyer

Medical-negligence damages quantified for a child with cerebral palsy: the court set general damages at R2 million and future loss of income at R4.107 million.

• Medical Negligence
• Quantification Of General Damages
• Loss Of Earning Capacity
• Contingency Deduction
• Trust Creation For Minor
• Interest On Awards

Magoabi v Minister of Police (CA303/2017)

Magoabi v Minister of Police (CA303/2017) [2019] ZAECGHC 74 (8 August 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

CA303/2017

Judges

S. Rugunanan, E. Revelas

Appeal upheld in a wrongful arrest claim. The High Court held the plaintiff was not told of the bench warrant and awarded R60,000 plus interest from judgment.

• Wrongful Arrest And Detention
• Actio Iniuriarum
• Quantification Of General Damages
• Onus Of Justification
• Prescribed Rate Of Interest Act
• Wrongful-arrest

Shabalala v Minister of Police (23661/2015)

Shabalala v Minister of Police (23661/2015) [2018] ZAGPJHC 472 (6 August 2018)

Court

South Gauteng High Court, Johannesburg

Case number

23661/2015

Judge

Petersen

The High Court held the plaintiff’s arrest and detention unlawful, awarded R50,000 damages, and limited costs to the magistrates’ court scale.

• Unlawful Arrest
• Unlawful Detention
• Damages For Violation Of Dignity
• Quantification Of General Damages
• Unlawful-arrest
• Unlawful-detention

Diphoko Obo DN v Road Accident Fund (48040/09)

Diphoko Obo DN v Road Accident Fund (48040/09) [2013] ZAGPJHC 258 (22 October 2013)

Court

South Gauteng High Court, Johannesburg

Case number

48040/09

Judges

NF Kgomo, TM Masipa, L Wepener

High Court appeal upholding RAF damages awards for a minor injured in a motor vehicle accident, including general damages and future loss of earnings.

• Road Accident Fund Act
• Quantification Of General Damages
• Loss Of Earning Capacity
• Expert Evidence
• Contingency Deductions
• Road-accident-fund

Alves v LOM Business Solutions (Pty) Ltd and Another (GSJ)

Alves v LOM Business Solutions (Pty) Ltd and Another (GSJ) [2011] ZAGPJHC 108; 2012 (1) SA 399 (GSJ); [2011] 4 All SA 490 (GSJ) (9 September 2011)

Court

South Gauteng High Court, Johannesburg

Case number

09/21956

Judge

N.P. Willis

The court found that the delay in preparing the appeal record was attributable to failures within the Department of Justice and Constitutional Development, for which the Minister is responsible. The statutory and constitutional duties to ensure timely preparation of appeal records were breached, resulting in the plaintiff's extended incarceration. The court held that the Minister owed a duty of care to appellants to avoid unreasonable delays, and the requirements for negligence, causation, and remoteness were satisfied. The plaintiff suffered psychological harm and loss of earnings due to the…

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• Negligent Delay In Appeal Record
• Unlawful Detention
• Quantification Of General Damages
• Constitutional Rights To Freedom
• Duty Of Care Of State Officials
• Causation And Remoteness

Van Wyk v Road Accident Fund (05/15893)

Van Wyk v Road Accident Fund (05/15893) [2009] ZAGPHC 64 (6 February 2009)

Court

High Courts - Gauteng

Case number

05/15893

Judge

P.A. Meyer

The High Court assessed RAF damages for a pedestrian injured in a 2003 collision, awarding 70% of proven general damages plus medical expenses and an undertaking.

• Road Accident Fund Act
• Bodily Injury Compensation
• Quantification Of General Damages
• Loss Of Earning Capacity
• Medical Expert Evidence
• Road-accident-fund