South Africa Case Law

Mahlangu v Minister of Police (66326/2010)

Mahlangu v Minister of Police (66326/2010) [2017] ZAGPPHC 13; [2017] 5 BLLR 528 (GP); (2017) 38 ILJ 1749 (GP) (25 January 2017)

Court

North Gauteng High Court, Pretoria

Case number

66326/2010

Judge

D S Fourie

The court held that disciplinary proceedings instituted under statutory regulations, specifically the South African Police Service Discipline Regulations, can fall within the ambit of malicious proceedings as a cause of action. The judge reasoned that the general principles of South African law of delict, particularly the actio iniuriarum, are flexible and capable of accommodating new situations and changing circumstances. The court rejected the strict English law approach, which confines malicious prosecution to criminal or civil proceedings in a court of law, and instead adopted a broader i…

Source excerpt

• Malicious Prosecution
• Disciplinary Proceedings
• Actio Iniuriarum
• Personality Rights
• Statutory Regulations