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South Africa decisions
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Pelser v Minister of Police (1296/2018) [2025] ZANWHC 67 (4 April 2025)
Application for leave to appeal dismissed with costs after the court found no reasonable prospect of success and rejected the applicant’s legal and factual grounds.
Matsi and Another v S (A155-2023) [2024] ZAGPJHC 172 (22 February 2024)
A bail appeal was upheld after the High Court held the Regional Court proceedings a nullity for lack of written DPP authorisation.
Mnisi and Others v Barberton Mines Proprietary Ltd and Another (2495/19) [2019] ZAMPMBHC 2 (2 August 2019)
The court found that none of the grounds of appeal raised by the applicants had merit. The previous orders were valid and binding until set aside, and the applicants were obliged to comply. The order did not immediately issue warrants of arrest but provided for such action only upon disobedience, with procedural safeguards under Section 50 of the Criminal Procedure Act. The court was empowered to issue coercive orders to ensure compliance, and the applicants were afforded opportunities to challenge allegations of contempt. There was no reasonable prospect that another court would reach a diff…
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Minister of Safety and Security v Jaftha (CA310/2014) [2016] ZAECGHC 6 (1 March 2016)
The court found that the magistrate erred in his assessment of the evidence regarding the lawfulness of the arrest. The arresting officer had sufficient information to form a reasonable suspicion that the plaintiff had committed rape, based on the complainant's statement, her mother's corroboration, and the medical report. The officer exercised proper discretion in arresting the plaintiff, given the seriousness of the offence and the complainant's vulnerability. However, the defendant failed to discharge the onus of justifying the continued detention of the plaintiff beyond the statutory peri…
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Burford v Minister of Police (CA128/2015) [2015] ZAECGHC 126 (10 November 2015)
The High Court held the police failed to justify Burford’s continued detention and awarded him R130,000 for unlawful detention.
D.J v Minister of Safety and Security (A35/2013) [2014] ZAGPPHC 498 (28 May 2014)
Appeal in an unlawful arrest and detention claim dismissed after the court found reasonable suspicion for arrest and no pleaded 48-hour detention claim.
Ndlovu v Minister of Safety and Security and Another (1203/2010) [2011] ZAECGHC 92 (12 August 2011)
The court found that the initial arrest and two-day detention of the plaintiff were unlawful, as conceded by the defendants. The subsequent seven-day detention, although ordered by the magistrate, was also unlawful because neither the prosecutor nor the magistrate had sufficient information to justify continued detention, and the process was mechanical rather than substantive. The Reception Court was not equipped to properly consider bail or the circumstances of the arrest, and the prosecutor failed to read the arresting officer's statement or verify the plaintiff's address. The court held th…
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