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South Africa Case Law

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Delict [2025] ZAGPPHC 718

Mabasa v Minister of Police (14551/2019)

Mabasa v Minister of Police (14551/2019) [2025] ZAGPPHC 718 (15 July 2025)

High Court found the plaintiff’s arrest and detention by police unlawful for lack of a properly grounded suspicion, and awarded R735,000 in damages.

  • Unlawful Arrest
  • Unlawful Detention
  • Quantum Of Damages
  • Section 40 Arrest
  • Constitutional Rights
  • Vicarious Liability
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Civil Procedure [2021] ZAGPPHC 64

Van deVenter v Minister of Police (87269/15)

Van deVenter v Minister of Police (87269/15) [2021] ZAGPPHC 64 (15 January 2021)

The High Court held that the plaintiff’s arrest and detention were lawful because he was found in possession of a firearm without a licence in his name.

  • Unlawful Arrest
  • Damages For Wrongful Detention
  • Firearms Control Act
  • Section 40 Arrest
  • Burden Of Proof Liability
  • Unlawful-arrest
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Civil Procedure [2021] ZAECMHC 2

Morrison v Minister of Safety & Security (80/2017)

Morrison v Minister of Safety & Security (80/2017) [2021] ZAECMHC 2 (12 January 2021)

The High Court held the defendant liable for unlawful arrest and detention after SAPS officers arrested the plaintiffs without a warrant and failed to justify the detention.

  • Unlawful Arrest
  • Detention Without Warrant
  • Section 40 Arrest
  • Constitutional Right To Liberty
  • Unlawful-arrest
  • Unlawful-detention
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Delict [2019] ZAGPPHC 390

Bame v Minister of Police (77105/2016)

Bame v Minister of Police (77105/2016) [2019] ZAGPPHC 390 (8 August 2019)

High Court trial on unlawful arrest and detention claim. The court held the arrest was lawful under section 40(1)(b) and dismissed the plaintiff’s damages claim.

  • Unlawful Arrest
  • Unlawful Detention
  • Section 40 Arrest
  • Reasonable Suspicion
  • Damages Claim
  • Unlawful-arrest
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.