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Motlhaolwa and Another v Minister of Police (2037/2019) [2024] ZANWHC 179 (12 July 2024)
The High Court held that the plaintiffs’ arrest and detention were unlawful and awarded each plaintiff R275,000 plus interest and costs on the magistrates’ court scale.
Guntu v Minister of Police (962/2021) [2022] ZAECMHC 33 (8 September 2022)
The court found that the defendant failed to discharge the onus of proving the lawfulness of the plaintiff's arrest, detention, and assault. None of the offences for which the plaintiff was arrested fell under schedule 1 of the Criminal Procedure Act, and the evidence presented by the police was contradictory, uncorroborated, and of poor quality. The police did not establish that their lives were in imminent danger or that the use of force was justified. The plaintiff was not charged with unlawful possession of a firearm, and the docket did not support the police version. The jurisdictional r…
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