South Africa Case Law

Mokhonoana v Minister of Police and Others (5505/2019)

Mokhonoana v Minister of Police and Others (5505/2019) [2025] ZALMPPHC 76 (23 April 2025)

Court

Limpopo High Court, Polokwane

Case number

5505/2019

Judge

M.A Mphahlele

The court found that the plaintiff failed to prove that the defendants acted without reasonable and probable cause or with malice. The prosecution was based on witness affidavits and the prosecutor's genuine belief in the plaintiff's guilt. The acquittal in the criminal case did not automatically establish malicious prosecution. The plaintiff did not adduce sufficient evidence to show that the defendants acted maliciously or without reasonable grounds. The fact that the plaintiff was a police officer and suffered reputational harm was not sufficient to prove malice or lack of probable cause.…

Source excerpt

• Malicious Prosecution
• Reasonable And Probable Cause
• Animus Niuriandi
• Balance Of Probabilities

L.B.Z v National Director of Prosecutions (1195/2019)

L.B.Z v National Director of Prosecutions (1195/2019) [2025] ZAMPMHC 23 (4 March 2025)

Court

Middelburg High Court, Mpumalanga

Case number

1195/2019

Judge

Langa

The High Court dismissed a malicious prosecution claim, finding the prosecutor had reasonable grounds to charge the plaintiff as an accomplice to rape.

• Malicious Prosecution
• Accomplice Liability
• Accessory After The Fact
• Rape
• Reasonable And Probable Cause
• Malicious-prosecution

Sandow v National Director of Public Prosecutions (A93/2023; 82114/2017)

Sandow v National Director of Public Prosecutions (A93/2023; 82114/2017) [2025] ZAGPPHC 171 (18 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

A93/2023; 82114/2017

Judges

Lenyai, Basson, Mpshe

The High Court dismissed an appeal against absolution in a malicious prosecution claim, finding no prima facie case of lack of probable cause or malice.

• Malicious Prosecution
• Absolution From The Instance
• Reasonable And Probable Cause
• Animus Injuriandi
• Malicious-prosecution
• Absolution-from-the-instance

Ncube and Another v National Director of Public Prosecutions (6017/2022)

Ncube and Another v National Director of Public Prosecutions (6017/2022) [2025] ZAGPJHC 73 (3 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

6017/2022

Judge

K Warren

Leave to appeal was refused in a malicious prosecution matter, the court finding no reasonable prospects of success on the evidence before it.

• Malicious Prosecution
• Reasonable And Probable Cause
• Animus Iniuriandi
• Leave To Appeal
• Absolution From The Instance
• Malicious-prosecution

Cholota v Director of Public Prosecutions Free State and Others (4698/2024)

Cholota v Director of Public Prosecutions Free State and Others (4698/2024) [2025] ZAFSHC 21 (23 January 2025)

Court

Free State High Court, Bloemfontein

Case number

4698/2024

Judge

Hefer AJ

The court found that the applicant's constitutional rights were not violated during witness interviews, as she was warned of the consequences of non-cooperation, given opportunities to consult legal counsel, and not subjected to unlawful coercion or intimidation. The determination of reasonable and probable cause for prosecution is a matter for the criminal trial court, not for preliminary litigation. The court held that it cannot order the withdrawal of charges, as this would breach the separation of powers and the constitutional mandate of the prosecuting authority. The lawfulness of the ap…

Source excerpt

• Unlawful Extradition
• Abuse Of Process
• Reasonable And Probable Cause
• Constitutional Rights
• Separation Of Powers

Z.I.N. v Minister of Police and Another (36734-2019)

Z.I.N. v Minister of Police and Another (36734-2019) [2024] ZAGPJHC 1262 (6 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

36734/2019

Judge

Van De Venter

The High Court dismissed claims for unlawful detention and malicious prosecution, finding the plaintiff failed to prove wrongful conduct or lack of reasonable cause.

• Unlawful Detention
• Malicious Prosecution
• Onus Of Proof
• Bail Application
• Reasonable And Probable Cause
• Unlawful-detention

Koji v Director of Public Prosecutions (628/2018)

Koji v Director of Public Prosecutions (628/2018) [2024] ZANWHC 297; [2025] 1 All SA 680 (NWM) (5 December 2024)

Court

North West High Court, Mafikeng

Case number

628/2018

Judge

A Reddy

The court found that at the time the National Prosecuting Authority decided to prosecute Koji, there was no affidavit or evidence in the docket that could establish reasonable and probable cause. The key statements relied upon by the prosecution were either not commissioned or only commissioned after the prosecution was initiated, and thus could not have formed the basis for the decision to prosecute. The additional witness statements were also commissioned after the fact. The prosecutors could not have subjectively or objectively believed in Koji's guilt, and their conduct amounted to acting…

Source excerpt

• Malicious Prosecution
• Reasonable And Probable Cause
• Animus Iniuriandi
• Dolus Eventualis

Dituku v National Director of Public Prosecutions (921/2019)

Dituku v National Director of Public Prosecutions (921/2019) [2024] ZANCHC 115 (6 September 2024)

Court

Northern Cape High Court, Kimberley

Case number

921/2019

Judge

MC Mamosebo

The court found that the plaintiff was prosecuted without reasonable and probable cause and that the prosecution was actuated by malice. The evidence relied upon by the NPA did not implicate the plaintiff in the theft or possession of stolen goats, and the prosecutor failed to objectively assess the available information. The statements of key witnesses exculpated the plaintiff, and the supposed owner of the goats denied ownership and involvement. The prosecutor proceeded with charges despite knowing that the elements of the offences could not be proven, demonstrating reckless disregard for t…

Source excerpt

• Malicious Prosecution
• Actio Injuriarum
• Stock Theft Act
• Reasonable And Probable Cause
• Animus Injuriandi
• Prosecutorial Discretion

Koloman and Another v Minister of Police and Another (29/2020)

Koloman and Another v Minister of Police and Another (29/2020) [2024] ZAECBHC 16 (20 June 2024)

Court

Eastern Cape High Court, Bhisho

Case number

29/2020

Judge

Noncembu

The court found that the arresting officers were peace officers who acted on reasonable suspicion that the plaintiffs had committed schedule 1 offences, based on objective evidence including the injured complainant found in the boot of the vehicle, blood, and weapons. The officers exercised their discretion rationally and in good faith, with no evidence of ulterior motive. The detention was justified due to the seriousness of the offences and the need for a formal bail application. Regarding malicious prosecution, the plaintiffs failed to prove malice or absence of reasonable and probable cau…

Source excerpt

• Unlawful Arrest
• Malicious Prosecution
• Damages
• Criminal Procedure Act
• Reasonable And Probable Cause
• Animus Injuriandi

National Director of Public Prosecutions v Sijoyi Robert Mdhlovu (194/2023)

National Director of Public Prosecutions v Sijoyi Robert Mdhlovu (194/2023) [2024] ZASCA 85; 2024 (2) SACR 331 (SCA) (3 June 2024)

Court

Supreme Court of Appeal

Case number

194/2023

Judges

Hughes, Matojane, Goosen, Dawood, Baartman

The Supreme Court of Appeal found that the respondent failed to discharge the onus of proving the essential elements of malicious prosecution. The evidence available to the DDPP at the time of the decision to prosecute, including statements from the investigating officer, confessions, and corroborating affidavits, established reasonable and probable cause. The DDPP acted after extensive consultation and with written confirmation from the DPP, demonstrating a diligent and good-faith effort. The subsequent discharge of the respondent did not negate the existence of reasonable and probable cause…

Source excerpt

• Malicious Prosecution
• Reasonable And Probable Cause
• Animus Iniuriandi
• Actio Iniuriarum