South Africa Case Law

F v Minister of Police (3220/12)

F v Minister of Police (3220/12) [2016] ZAECPEHC 4 (16 February 2016)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3220/12

Judge

N Msizi

The court found that the plaintiff's version was riddled with contradictions and lacked credibility, especially regarding whether he warned the police of the threat against him. The documentary evidence, including cell registers and police testimony, indicated regular cell visits and opportunities for detainees to raise complaints, which the plaintiff did not utilize. The court held that the police were not aware of any specific threat to the plaintiff and had taken reasonable precautionary measures by conducting regular cell visits and asking for complaints. The failure to release the plaint…

Source excerpt

• Negligence
• Duty Of Care
• Liability Of Police
• Rape In Custody
• Foreseeability Of Harm

Nogqala v Minister of Safety and Security (676/11)

Nogqala v Minister of Safety and Security (676/11) [2013] ZAECGHC 59 (15 May 2013)

Court

Eastern Cape High Court, Grahamstown

Case number

676/11

Judge

Pillay

A High Court awarded damages for rape by a policeman while the plaintiff was in custody, including general damages, future medical costs, and costs.

• Vicarious Liability
• Rape In Custody
• General Damages
• Future Medical Expenses
• Contumelia
• Psychological Injury