South Africa Case Law

Monareng v Minister of Police (2081/2020)

Monareng v Minister of Police (2081/2020) [2025] ZAFSHC 229 (5 August 2025)

Court

Free State High Court, Bloemfontein

Case number

2081/2020

Judge

Opperman

The court found that the SAPS Special Task Force members acted lawfully and within the bounds of section 49 of the Criminal Procedure Act. The operation was based on credible intelligence regarding dangerous suspects involved in violent crimes. The SAPS members were properly briefed, used marked vehicles and a helicopter, and attempted a box-in manoeuvre to effect arrest. The plaintiff's vehicle fled, and shots were fired at the police from the suspect vehicle. Forensic evidence linked the plaintiff to the firearm found in the vehicle, which had an erased serial number and was unlicensed. The…

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• Use Of Force In Arrest
• Section 49 Criminal Procedure Act
• Vicarious Liability
• Damages For Police Shooting
• Onus Of Proof
• Proportionality Of Force

Ramasike v Minister of Police (22482/12)

Ramasike v Minister of Police (22482/12) [2024] ZAGPJHC 991 (26 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

22482/12

Judge

Mahosi

The court found that the Minister failed to prove, on a balance of probabilities, that the police officer's use of deadly force was justified under section 49 of the Criminal Procedure Act. The evidence did not support the Minister's version that the plaintiff posed a threat of serious violence, was armed, or had committed a violent crime. The police were unaware the vehicle was stolen at the time of pursuit, and no stolen goods or firearms were found. The officer did not fire a warning shot before shooting the plaintiff, and there was no evidence that less forceful means of arrest were unava…

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• Unlawful Assault
• Use Of Force In Arrest
• Section 49 Criminal Procedure Act
• Vicarious Liability
• Negligence
• Constitutional Rights

Mbele v Minister of Police and Another (43393/2012)

Mbele v Minister of Police and Another (43393/2012) [2023] ZAGPPHC 2006 (14 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

43393/2012

Judge

M.M.D. Lenyai

The court dismissed claims for assault, unlawful arrest and detention, and malicious prosecution after finding the arrest and use of force were justified and the prosecution had a prima facie basis.

• Unlawful Arrest
• Malicious Prosecution
• Assault By Police
• Section 40 Criminal Procedure Act
• Section 49 Criminal Procedure Act
• Firearms Control Act

Hufkie v Minister of Police - Appeal (CA98/2023)

Hufkie v Minister of Police - Appeal (CA98/2023) [2023] ZAECMKHC 123 (7 November 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CA98/2023

Judges

Govindjee, G N Z Mjali

The High Court dismissed an appeal in a damages claim arising from police shooting during a hijacking chase, finding no material misdirection in the trial court’s credibility findings.

• Negligence
• Use Of Deadly Force
• Section 49 Criminal Procedure Act
• Credibility Assessment
• Damages Against Minister Of Police
• Police-shooting

Masimula v Minister of Police

Masimula v Minister of Police [2023] ZAGPPHC 518; 23025/2015 (5 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

23025/2015

Judge

Oosthuizen-Senekal

The High Court held that the arrest, detention and shooting of the plaintiff were lawful, finding reasonable suspicion of theft and justified force under section 49(2).

• Unlawful Arrest
• Detention
• Use Of Force In Arrest
• Vicarious Liability
• Section 40 Criminal Procedure Act
• Section 49 Criminal Procedure Act

Phakula v Minister of Safety and Security

Phakula v Minister of Safety and Security [2023] ZAGPPHC 277; 64450/2011 (6 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

64450/2011

Judge

WJ du Plessis

The court found the police officers' evidence credible and consistent, while the plaintiff's version was improbable and contradicted by the facts. The plaintiff was part of a group of robbers who broke into the house, and was shot while fleeing after a shootout. The police had reasonable grounds to suspect the plaintiff of a Schedule 1 offence, justifying arrest without a warrant under section 40(1)(b) of the Criminal Procedure Act. The use of force by De Klerk was reasonably necessary and proportional under section 49(2), given the dangerous circumstances and the plaintiff's attempt to escap…

Source excerpt

• Unlawful Arrest
• Use Of Force In Arrest
• Section 49 Criminal Procedure Act
• Damages For Police Action
• Unlawful Detention

Tlhatsi v Minister of Police (8716/2010)

Tlhatsi v Minister of Police (8716/2010) [2022] ZAKZDHC 47 (11 November 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

8716/2010

Judge

Sipunzi

The court held that the plaintiff’s arrest, detention, and assault by police were unlawful, and awarded him damages, with quantum postponed.

• Unlawful Arrest
• Unlawful Detention
• Police Assault
• Section 40 Criminal Procedure Act
• Section 49 Criminal Procedure Act
• Punitive Costs

Rabothata v Minister of Police (56775/19)

Rabothata v Minister of Police (56775/19) [2021] ZAGPPHC 511; 2021 (2) SACR 544 (GP) (12 August 2021)

Court

North Gauteng High Court, Pretoria

Case number

56775/19

Judge

Khumalo AJ

The High Court held that police wrongly shot the plaintiff during an attempted arrest, rejected the section 49(2) defence, and found the Minister vicariously liable.

• Vicarious Liability
• Negligence
• Unlawful Police Conduct
• Use Of Deadly Force
• Section 49 Criminal Procedure Act
• Vicarious-liability

Phoko v Minister of Safety and Security and Others (1127/2013)

Phoko v Minister of Safety and Security and Others (1127/2013) [2016] ZANWHC 52 (21 October 2016)

Court

North West High Court, Mafikeng

Case number

1127/2013

Judge

Gura

The court found that the plaintiff, a traffic officer, was suspected of driving under the influence of alcohol due to the presence of beer cans, bloodshot eyes, and the smell of liquor. He disregarded police instructions, attempted to drive away, and resisted arrest. The captain used force to subdue the plaintiff, which the court found to be reasonably necessary and proportional under section 49(2) of the Criminal Procedure Act. The court rejected the plaintiff's version that he was seeking help and found that he was evading arrest. The evidence, including video footage, supported the defenda…

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• Unlawful Arrest
• Use Of Force In Arrest
• Assault
• Damages For Personal Injury
• Section 49 Criminal Procedure Act

Masuku v Minister of Safety and Security and Another (49587/2009)

Masuku v Minister of Safety and Security and Another (49587/2009) [2016] ZAGPJHC 275 (14 October 2016)

Court

South Gauteng High Court, Johannesburg

Case number

49587/2009

Judge

Collis

The High Court held that the defendants failed to prove a lawful arrest or justified use of force, and judgment was granted for the plaintiff with costs.

• Unlawful Arrest
• Unlawful Detention
• Use Of Force By Police
• Section 40 Criminal Procedure Act
• Section 49 Criminal Procedure Act
• Onus Of Proof