South Africa Case Law

Nemudzivhadi and Others v Minister of Safety and Security and Others (02/2012)

Nemudzivhadi and Others v Minister of Safety and Security and Others (02/2012) [2023] ZALMPTHC 15 (14 December 2023)

Court

Limpopo High Court, Thohoyandou

Case number

02/2012

Judge

Ravele

The court found that the plaintiffs were unlawfully arrested and detained for 53 days in degrading conditions, suffering humiliation, reputational harm, and emotional trauma. The defendant admitted liability, and the only issue was quantum. The court considered comparable cases, the seriousness of the deprivation, and the absence of malice or improper motive. The court held that previous awards are guides, not binding, and must be adapted to the facts. The court determined that R550,000 per plaintiff was appropriate, reflecting the period of detention, conditions, and impact. Interest at the…

Source excerpt

• Unlawful Arrest And Detention
• General Damages
• Quantification Of Non Patrimonial Loss
• Constitutional Rights
• Interest On Damages

Cawood N.O obo Varoyi v Road Accident Fund (85576/2012)

Cawood N.O obo Varoyi v Road Accident Fund (85576/2012) [2023] ZAGPPHC 1970 (23 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

85576/2012

Judge

Marumoagae

High Court award in a Road Accident Fund matter for serious head and orthopaedic injuries, with R2 million granted for general damages.

• Road Accident Fund Act
• General Damages
• Serious Injury Assessment
• Loss Of Amenities
• Quantification Of Non Patrimonial Loss
• Road-accident-fund

Sandlana v Minister of Police and Another (5546/2016)

Sandlana v Minister of Police and Another (5546/2016) [2023] ZAWCHC 102; 2023 (2) SACR 84 (WCC) (11 May 2023)

Court

Western Cape High Court, Cape Town

Case number

5546/2016

Judge

P.A.L Gamble

The High Court held that the plaintiff’s arrest for intimidation was unlawful because the officer lacked reasonable suspicion under section 40(1)(b) of the CPA.

• Unlawful Arrest
• Intimidation Act
• Damages Assessment
• Deprivation Of Liberty
• Quantification Of Non Patrimonial Loss
• Unlawful-arrest

Tsele and Another v Minister of Police (680/2019)

Tsele and Another v Minister of Police (680/2019) [2021] ZANWHC 8 (18 March 2021)

Court

North West High Court, Mafikeng

Case number

680/2019

Judge

R D Hendricks

The court found that both plaintiffs were unlawfully arrested and detained for periods exceeding three days under poor and humiliating conditions. The assessment of damages for deprivation of liberty must be guided by the facts of the case, including the duration of detention, personal circumstances of the plaintiffs, and the impact on their dignity. Previous awards serve as a guide but are not determinative. The court determined that R15,000 per day is a fair, reasonable, and just amount for the period of detention suffered by each plaintiff. Costs were awarded on the Magistrate Court scale…

Source excerpt

• Unlawful Arrest And Detention
• General Damages
• Quantification Of Non Patrimonial Loss
• Costs Award
• Magistrate Court Jurisdiction