South Africa Case Law

Ndhamini v Minister of Police and Another (1655/2020)

Ndhamini v Minister of Police and Another (1655/2020) [2025] ZAMPMBHC 72 (6 August 2025)

Court

Mbombela High Court, Mpumalanga

Case number

1655/2020

Judge

Shai

The court found that the formal arrest was effected by Sergeant Mkhabela, who failed to establish the jurisdictional facts required by section 40(1)(b) of the Criminal Procedure Act, rendering the arrest unlawful. The subsequent detention was also unlawful, as the police did not justify the necessity for continued detention. The court applied the principles of legal causation and found that the police conduct was closely linked to both pre- and post-court appearance detention, making the first defendant liable for the entire period. The claim for malicious prosecution failed, as the plaintiff…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• Malicious Prosecution
• Actio Iniuriarum
• Quantum Of Damages

Nkambule v Minister of Justice and Correctional Services and Others (3589/2022)

Nkambule v Minister of Justice and Correctional Services and Others (3589/2022) [2025] ZAMPMBHC 70 (1 August 2025)

Court

Mbombela High Court, Mpumalanga

Case number

3589/2022

Judge

Shai

The court found that the plaintiff's continued detention after the successful appeal and order for release was unlawful, as the warrant of liberation was not transmitted timeously due to the Department of Justice's delay. Since both the Department of Justice and Correctional Services fall under the same Ministry, liability attaches to the Minister for Correctional Services. The plaintiff was deprived of his liberty for 77 days without just cause, violating his constitutional rights. In determining quantum, the court considered previous awards for unlawful detention, the duration of detention,…

Source excerpt

• Unlawful Detention
• Quantum Of Damages
• Constitutional Right To Liberty

Marais v Road Accident Fund (2540/2021)

Marais v Road Accident Fund (2540/2021) [2025] ZAWCHC 324 (30 July 2025)

Court

Western Cape High Court, Cape Town

Case number

2540/2021

Judge

Cloete

The High Court held the RAF liable for disputed accident-related medical expenses and ordered an unrestricted section 17(4)(a) undertaking for future care.

• Road Accident Fund Act
• Quantum Of Damages
• Future Medical Expenses
• Prescribed Minimum Benefits
• Statutory Undertaking
• Hospital Plan Vs Medical Aid

P.N obo K.N.N v Road Accident Fund (2020/27135)

P.N obo K.N.N v Road Accident Fund (2020/27135) [2025] ZAGPPHC 759 (28 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2020/27135

Judge

Swanepoel

High Court judgment on a minor’s future loss of earnings claim against the Road Accident Fund, with the court fixing quantum, contingencies, and trust protection.

• Road Accident Fund Act
• Loss Of Earning Capacity
• Quantum Of Damages
• Contingency Deductions
• Medico Legal Evidence
• Road-accident-fund

Dukulae v Minister of Police (885/2024)

Dukulae v Minister of Police (885/2024) [2025] ZANWHC 129 (25 July 2025)

Court

North West High Court, Mafikeng

Case number

885/2024

Judge

R D Hendricks

The court held that the plaintiff’s arrest for assault with intent to cause grievous bodily harm was unlawful and awarded R50,000 damages.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Schedule 1 Offences
• Criminal Procedure Act
• Unlawful-arrest

Maetso v Minister of Police of the Republic of South Africa and Another (Leave to Appeal) (3115/2023)

Maetso v Minister of Police of the Republic of South Africa and Another (Leave to Appeal) (3115/2023) [2025] ZANWHC 121 (22 July 2025)

Court

North West High Court, Mafikeng

Case number

3115/2023

Judge

Titus

The High Court dismissed an application for leave to appeal against a R650,000 damages award for unlawful arrest and detention, finding no reasonable prospect of success.

• Quantum Of Damages
• Unlawful Arrest And Detention
• Judicial Discretion
• Leave To Appeal
• General Damages
• Leave-to-appeal

Segole v Road Accident Fund (16923/2022)

Segole v Road Accident Fund (16923/2022) [2025] ZAGPPHC 725 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

16923/2022

Judge

Millar

The High Court refused default judgment in a Road Accident Fund loss-of-support claim, finding improper prosecution by a trust account advocate, unfair late amendment, and inadmissible quantum evidence.

• Road Accident Fund Act
• Legal Practice Act
• Default Judgment
• Loss Of Support
• Trust Account Advocate
• Quantum Of Damages

D.M.M v Minister of Police and Another (1907/2017)

D.M.M v Minister of Police and Another (1907/2017) [2025] ZALMPPHC 136 (21 July 2025)

Court

Limpopo High Court, Polokwane

Case number

1907/2017

Judge

TE Matumba

The High Court awarded R70,000 for unlawful arrest and detention after admitting liability, finding the plaintiff endured degrading conditions, humiliation, and about 38 hours in custody.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Emotional Distress
• Loss Of Dignity
• Unlawful-arrest

T.I.M v Minister of Police and Another (1910/2017)

T.I.M v Minister of Police and Another (1910/2017) [2025] ZALMPPHC 137 (21 July 2025)

Court

Limpopo High Court, Polokwane

Case number

1910/2017

Judge

TE Matumba

The High Court awarded R80,000 for the unlawful arrest and detention of a 17-year-old, citing his vulnerability, poor cell conditions, and humiliation.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Prescribed Rate Of Interest
• Unlawful-arrest
• Unlawful-detention

Minister of Water and Sanitation v Fumile Advisory Services (Pty) Ltd and Others (60250/2018; 86068/2018)

Minister of Water and Sanitation v Fumile Advisory Services (Pty) Ltd and Others (60250/2018; 86068/2018) [2025] ZAGPPHC 748 (18 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

60250/2018; 86068/2018

Judge

LE Grange

The court held that, as a general rule, an order dismissing a claim is equivalent to absolution from the instance, unless the judgment and order clearly indicate a final and determinative ruling on the merits. In this case, the court's previous order and judgment did not constitute a final determination of the substantive rights of the parties. The dismissal of both the Minister's claim and Fumile's counterclaims was based on procedural grounds and evidentiary deficiencies, particularly the failure to prove quantum. The court found that neither party had put their claims on a proper basis, pr…

Source excerpt

• Absolution From The Instance
• Dismissal Of Claim
• Quantum Of Damages
• Final Vs Non Final Judgment