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South Africa Case Law

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Land And Property [2025] ZALCC 19

Minister of Rural Development and Land Reform and Another v Shah and Others (LCC93/2014 ; LCC180/2014)

Minister of Rural Development and Land Reform and Another v Shah and Others (LCC93/2014 ; LCC180/2014) [2025] ZALCC 19 (9 May 2025)

Court
Land Claims Court
Case number
LCC93/2014 ; LCC180/2014
Judge
Ncube

The Land Court granted leave to appeal only on solatium and financial loss, but refused it on the valuation issue in a land restitution compensation dispute.

  • Expropriation Act
  • Just And Equitable Compensation
  • Solatium
  • Financial Loss
  • Section 25 Constitution
  • Restitution Of Land Rights
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Land And Property [2025] ZALCC 4

Welverdiend Community v Minister of Rural Development and Land Reform and Others (LCC75/2009)

Welverdiend Community v Minister of Rural Development and Land Reform and Others (LCC75/2009) [2025] ZALCC 4 (14 January 2025)

Court
Land Claims Court
Case number
LCC 75/2009
Judge
S Yacoob

The Land Claims Court awarded the Welverdiend Community monetary compensation and a nominal solatium for dispossession, while rejecting special damages and limiting fees.

  • Restitution Of Land Rights Act
  • Equitable Redress
  • Solatium
  • Financial Compensation Policy
  • Contingency Fees
  • Costs Award
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Land And Property [2024] ZALCC 41

Shah and Others v Minister of Rural Development and Land Reform and Others (LCC93/2014)

Shah and Others v Minister of Rural Development and Land Reform and Others (LCC93/2014) [2024] ZALCC 41 (6 December 2024)

Court
Land Claims Court
Case number
LCC93/2014
Judges
Ncube, Mike Gibbins

Land Claims Court awarded the Shah family R13,666,035 in restitution compensation, including solatium, and ordered attorney-and-client costs against the State.

  • Restitution Of Land Rights
  • Equitable Redress
  • Compensation Calculation
  • Solatium
  • Costs Award
  • Restitution-of-land-rights
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Delict [2024] ZAGPPHC 678

Nkabinde v Minister of Police (50315/2010)

Nkabinde v Minister of Police (50315/2010) [2024] ZAGPPHC 678 (17 July 2024)

Court
North Gauteng High Court, Pretoria
Case number
50315/2010
Judge
Nyathi

High Court damages judgment awarding general damages after a police shooting caused the death of the plaintiff’s wife, with compensation for the plaintiff and two minor children.

  • Loss Of Support
  • General Damages
  • Pain And Suffering
  • Emotional Shock
  • Solatium
  • Delict
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Civil Procedure [2023] ZANWHC 226

Monyane v Minister of Police (CIV APP MG 23/23)

Monyane v Minister of Police (CIV APP MG 23/23) [2023] ZANWHC 226 (14 December 2023)

Court
North West High Court, Mafikeng
Case number
CIV APP MG 23/23
Judges
Petersen, Khan

An unopposed appeal against a R10,000 award for unlawful arrest and detention was dismissed. The High Court found no misdirection and held the award fair.

  • Unlawful Arrest
  • Unlawful Detention
  • Quantum Of Damages
  • Solatium
  • Constitutional Rights
  • Assessment Of General Damages
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Delict [2023] ZAECMHC 56

Minister of Police v Mjali and Others - Appeal (CA91/2022)

Minister of Police v Mjali and Others - Appeal (CA91/2022) [2023] ZAECMHC 56 (7 November 2023)

Court
Eastern Cape High Court, Mthatha
Case number
CA 91/2022
Judges
L Rusi, S Rugunanan, D.O. Potgieter

The High Court reduced damages for unlawful arrest and detention after finding the respondents gave little evidence of detention conditions or personal impact.

  • Unlawful Arrest
  • Unlawful Detention
  • Quantification Of Damages
  • Actio Iniuriarum
  • Constitutional Rights
  • Solatium
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Delict [2023] ZANWHC 235

Mvala v Minister of Police (52/2021)

Mvala v Minister of Police (52/2021) [2023] ZANWHC 235 (12 October 2023)

Court
North West High Court, Mafikeng
Case number
52/2021
Judge
Maakane

The High Court awarded R140,000 for unlawful arrest and detention, finding four days in poor police cell conditions justified compensation for the plaintiff’s distress.

  • Unlawful Arrest
  • Unlawful Detention
  • Quantum Of Damages
  • Personal Liberty
  • Solatium
  • Unlawful-arrest
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Delict [2023] ZANWHC 165

Tomodi v Minister of Police (2351/19)

Tomodi v Minister of Police (2351/19) [2023] ZANWHC 165 (15 September 2023)

Court
North West High Court, Mafikeng
Case number
2351/19
Judge
A Reddy

The court awarded R150,000 for unlawful arrest and detention in degrading conditions, including burn injuries without medical care, and declined punitive costs.

  • Unlawful Arrest And Detention
  • Quantum Of Damages
  • Constitutional Rights Violation
  • Solatium
  • Inhumane Detention Conditions
  • Unlawful-arrest-and-detention
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Delict [2023] ZAGPPHC 1156

I.H v Minister of Police (58534/2012)

I.H v Minister of Police (58534/2012) [2023] ZAGPPHC 1156 (8 September 2023)

Court
North Gauteng High Court, Pretoria
Case number
58534/2012
Judge
Nyathi

High Court damages judgment for unlawful arrest and detention, awarding the plaintiff R350,000 in solatium after liability had already been determined.

  • Unlawful Arrest
  • Unlawful Detention
  • Quantum Of Damages
  • Actio Iniuriarum
  • Solatium
  • Unlawful-arrest
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Delict [2023] ZAGPJHC 308

Hoosain v Minister of Police (18817/2016)

Hoosain v Minister of Police (18817/2016) [2023] ZAGPJHC 308 (9 March 2023)

Court
South Gauteng High Court, Johannesburg
Case number
18817/2016
Judge
Oosthuizen-Senekal CSP

The High Court awarded R90,000 for unlawful arrest and detention lasting about 40 hours, with interest from 10 days after the order and High Court costs.

  • Unlawful Arrest
  • Unlawful Detention
  • Quantum Of Damages
  • Solatium
  • Interest On Unliquidated Damages
  • Unlawful-arrest
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.