South Africa Case Law

Rakgwale v Minister of Police and Another (41173/2020)

Rakgwale v Minister of Police and Another (41173/2020) [2025] ZAGPJHC 757 (1 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

41173/2020

Judge

K MVUBU

The court found that the Plaintiff's arrest was lawful, as the arresting officer had reasonable grounds to suspect the Plaintiff of committing a Schedule 1 offence (robbery with aggravating circumstances), and the arrest was effected in accordance with section 40(1)(b) of the Criminal Procedure Act. The Plaintiff conceded the lawfulness of the arrest during proceedings. The statement of the arresting officer was admitted into evidence as hearsay under section 3(1)(c) of the Law of Evidence Amendment Act, as its reliability and probative value outweighed any prejudice to the Plaintiff. The Pla…

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• Unlawful Arrest
• Malicious Prosecution
• Section 40 Criminal Procedure Act
• Hearsay Evidence
• Costs Order

Potsane v Minister of Police (5780/2019)

Potsane v Minister of Police (5780/2019) [2025] ZAFSHC 206 (4 July 2025)

Court

Free State High Court, Bloemfontein

Case number

5780/2019

Judge

Mpama AJ

The High Court dismissed a claim for unlawful arrest and detention, finding the officer had reasonable suspicion under section 40(1)(b) of the CPA.

• Unlawful Arrest
• Unlawful Detention
• Section 40 Criminal Procedure Act
• Damages Claim
• Onus Of Proof
• Reasonable Suspicion

Mashigoana v Minister of South African Police Service and Others (6027/2020)

Mashigoana v Minister of South African Police Service and Others (6027/2020) [2025] ZALMPPHC 128 (30 June 2025)

Court

Limpopo High Court, Polokwane

Case number

6027/2020

Judge

Stroh

The court found that the Plaintiff was lawfully arrested by the police officer, Thekupi, who acted on reasonable suspicion that the Plaintiff was in possession of a stolen vehicle, as required by section 40(1)(b) of the Criminal Procedure Act. However, the continued detention of the Plaintiff after he provided a reasonable explanation for possession—namely, that he had exchanged vehicles with AM Magane—was not justified. The evidence showed that the police obtained corroborating statements from AM Magane on the same day, confirming the vehicle exchange. The Defendant's witness, Mampuru, admit…

Source excerpt

• Unlawful Arrest And Detention
• Section 40 Criminal Procedure Act
• Section 36 General Laws Amendment Act
• Constitutional Right To Liberty
• Onus Of Justification
• Standard Of Proof Civil

Nyarende v Minister of Police (2678/2020)

Nyarende v Minister of Police (2678/2020) [2025] ZAMPMBHC 58 (20 June 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2678/2020

Judge

M R Moleleki

The High Court held that Isaac Solomon Nyarende was unlawfully arrested and detained, and awarded him R200,000 plus costs.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Onus Of Proof
• Section 40 Criminal Procedure Act
• Unlawful-arrest

Thusi v Minister of Police and Another (KP58/2018)

Thusi v Minister of Police and Another (KP58/2018) [2025] ZANWHC 99 (11 June 2025)

Court

North West High Court, Mafikeng

Case number

KP58/2018

Judge

R D Hendricks

High Court action for unlawful arrest, detention and malicious prosecution dismissed after finding the arresting officer had reasonable grounds for suspicion.

• Unlawful Arrest
• Malicious Prosecution
• Damages Claim
• Section 40 Criminal Procedure Act
• Constitutional Rights
• Party And Party Costs

Moje v Minister of Police (549/2021)

Moje v Minister of Police (549/2021) [2025] ZANCHC 46 (30 May 2025)

Court

Northern Cape High Court, Kimberley

Case number

549/2021

Judge

Lever

The defendant failed to establish the jurisdictional facts required for a lawful arrest under section 40(1)(b) of the Criminal Procedure Act. The evidence showed that the plaintiff could not be linked to the principal crime scene or the robbery itself, and the only information available prior to arrest was that the plaintiff transported his cousin after the robbery. This did not amount to reasonable grounds to suspect the plaintiff of committing a Schedule 1 offence. The arresting officer did not exercise proper discretion, merely following instructions without independent consideration. The…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• Section 40 Criminal Procedure Act
• Onus Of Proof
• Damages For Wrongful Arrest

Mkhonza v Minister of Police (44821/21)

Mkhonza v Minister of Police (44821/21) [2025] ZAGPJHC 513 (27 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

44821/21

Judge

RC Thackwell

The High Court held that the plaintiff’s arrest and detention were unlawful and awarded R1.5 million in damages, plus interest and costs.

• Unlawful Arrest
• Unlawful Detention
• Section 40 Criminal Procedure Act
• Constitutional Right To Freedom
• Quantum Of Damages
• Causation

Minister of Police and Another v Mkhize (A23/057795)

Minister of Police and Another v Mkhize (A23/057795) [2025] ZAGPJHC 550 (27 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A23/057795

Judges

Dlamini, Twala, Mfenyana

High Court appeal partly upheld: unlawful arrest and detention confirmed, but the malicious prosecution award was set aside.

• Unlawful Arrest
• Malicious Prosecution
• Damages Assessment
• Section 40 Criminal Procedure Act
• Constitutional Rights
• Costs Award

Solomon and Others v Minister of Police (Appeal) (CA29/2024)

Solomon and Others v Minister of Police (Appeal) (CA29/2024) [2025] ZAECMKHC 45 (16 May 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CA29/2024

Judges

Hartle, Gqamana

The appeal was dismissed. The court found that the police had reasonable grounds to arrest the appellants under section 40(1)(e) of the Criminal Procedure Act, as they were found in constructive possession of a recently stolen vehicle and failed to provide a credible explanation for their involvement in stripping its parts. The suspicion was objectively reasonable, and the presence of a suspected firearm further justified the arrest. The subsequent detention was lawful, as the appellants were brought before court within the statutory period, and the investigation required further steps before…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• Section 40 Criminal Procedure Act
• Bail Procedure
• Constitutional Rights Of Arrestees
• Damages Claim Against State

Makhubele v Minister of Police and Another (1320/2021)

Makhubele v Minister of Police and Another (1320/2021) [2025] ZANWHC 76 (25 April 2025)

Court

North West High Court, Mafikeng

Case number

1320/2021

Judge

J T Djaje

The High Court dismissed a claim for unlawful arrest, detention, and assault, finding the police had reasonable grounds to arrest the plaintiff under section 40(1)(b).

• Unlawful Arrest
• Detention
• Reasonable Suspicion
• Section 40 Criminal Procedure Act
• Assault
• Admission Of Guilt Fine