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South Africa decisions
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Xulu v Minister Of Police and Another (21/52147) [2023] ZAGPJHC 1030 (13 September 2023)
The court held that police unlawfully arrested and detained a robbery victim who acted in self-defence, awarding R2.6 million and dismissing malicious prosecution.
Umbhaba Estates (Pty) Ltd and Others v Minister of Police and Others (22208/2009) [2021] ZAGPPHC 436 (20 May 2021)
The court found that the police were repeatedly notified of imminent and ongoing violence during a strike at the Plaintiffs' farm, including acts of intimidation, assault, and damage to property. Despite clear constitutional and statutory duties, and the existence of court orders mandating police intervention, the police failed to take reasonable and timely steps to prevent harm. Their response was reactionary and insufficient, with evidence showing that police presence calmed the situation but was not sustained. The court held that the police's omission was both wrongful and negligent, viola…
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Impangle Logistics (Pty) Ltd and Another v All Truck Drivers' Foundation (ATDF) and Others; Mbali Coal Proprietary Limited v Ntuthuko and Others (3647/2019; 3564/2019) [2019] ZAMPMHC 11; 2020 (1) SACR 536 (ML) (25 October 2019)
The High Court held that SAPS failed to meet its constitutional duty to act against ongoing criminal conduct and ordered the Provincial Commissioner to consider an inquiry.
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