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South Africa decisions
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Dukulae v Minister of Police (885/2024) [2025] ZANWHC 129 (25 July 2025)
The court held that the plaintiff’s arrest for assault with intent to cause grievous bodily harm was unlawful and awarded R50,000 damages.
Foli v Minister of Police (CIV APP FB 14/2024) [2025] ZANWHC 25 (3 February 2025)
The court found that the arresting officer was a peace officer who, upon being pointed out by the complainant, searched the appellant and found a memory card containing photos of the complainant's family. The appellant failed to provide a satisfactory explanation for possession of the memory card, giving rise to a reasonable suspicion of an offence under section 36 of the General Law Amendment Act. Although section 36 is not specifically listed in Schedule 1 of the Criminal Procedure Act, it carries penalties equivalent to theft, which is a Schedule 1 offence. The value of the property is not…
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Dlamini and Others v Minister of Police (50725/2021) [2024] ZAGPJHC 953 (26 June 2024)
The High Court held that the Minister proved the lawfulness of the plaintiffs’ arrest and overnight detention for assault GBH, kidnapping and intimidation.
Makhele v Minister of Police and Another (2617/2021) [2023] ZAFSHC 475 (4 December 2023)
The High Court dismissed an application for leave to appeal against the dismissal of an unlawful arrest and detention claim, finding no reasonable prospects of success.
Ngobeni v Minister of Police [2021] ZAGPPHC 439 (2 July 2021)
The court found that the arresting officer, Warrant Officer Ramoshaba, failed to establish the necessary jurisdictional facts for a lawful arrest under section 40(1)(b) of the Criminal Procedure Act. The alleged offence was not listed in Schedule 1, and the officer relied solely on the complainant's statement without further investigation or corroboration. The plaintiff lived near the police station, making arrest and detention unnecessary. The court held that the suspicion did not rest on reasonable grounds and that the majority of jurisdictional facts were absent. Therefore, the arrest and…
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Mtsweni v Minister of Police (23992/16) [2020] ZAGPPHC 282 (26 June 2020)
The High Court held that the plaintiff’s warrantless arrest was lawful under section 40(1)(b) of the Criminal Procedure Act and dismissed the claim with costs.
Sambo v S (CA01/2020) [2020] ZANCHC 27 (17 June 2020)
The appeal court found that the magistrate erred in refusing bail on the grounds that the appellant was a flight risk and likely to commit further schedule 1 offences. The evidence relied upon by the magistrate, particularly the investigating officer's unsupported assertions and the appellant's foreign origin, did not establish a real likelihood of flight or further criminal conduct. The appellant's history of attending previous trials despite serious charges, his fixed address, and legal status in South Africa were not properly considered. The magistrate's frustration regarding the appellant…
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J.S v S (CA01/2020) [2020] ZANCHC 36 (17 June 2020)
High Court appeal against bail refusal upheld. The court found no factual basis for flight risk and held that bail should have been granted, subject to conditions.
Bam v Minister of Police (1072/2016) [2019] ZAECMHC 24 (21 May 2019)
The court found that the defendant failed to prove that the plaintiff's alleged offence fell within schedule 1 of the Criminal Procedure Act, as assault with intent to do grievous bodily harm is not explicitly listed. The evidence did not establish that the victim suffered a dangerous wound as required for schedule 1. The arresting officer wrongly assumed the offence qualified and did not investigate the seriousness of the injury. Consequently, the defendant did not discharge the onus of proving the lawfulness of the arrest and detention. The plaintiff's arrest and detention were therefore un…
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Mphindwa v Minister of Police (952/2016) [2019] ZAECMHC 9 (26 February 2019)
The High Court held that the plaintiff’s warrantless arrest and ensuing detention were unlawful because the officer lacked reasonable grounds under section 40(1)(b).
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