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South Africa decisions
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Mkhabela v Minister of Police and Another (829/2023) [2025] ZAMPMBHC 71 (6 August 2025)
The High Court found the plaintiff’s arrest, detention, and prosecution unlawful, awarding damages against the police and prosecutor.
Ndhamini v Minister of Police and Another (1655/2020) [2025] ZAMPMBHC 72 (6 August 2025)
The court found that the formal arrest was effected by Sergeant Mkhabela, who failed to establish the jurisdictional facts required by section 40(1)(b) of the Criminal Procedure Act, rendering the arrest unlawful. The subsequent detention was also unlawful, as the police did not justify the necessity for continued detention. The court applied the principles of legal causation and found that the police conduct was closely linked to both pre- and post-court appearance detention, making the first defendant liable for the entire period. The claim for malicious prosecution failed, as the plaintiff…
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Jemsana v Minister of Police (1220/2019) [2025] ZAECMHC 69 (5 August 2025)
The court found that the applicant failed to demonstrate a reasonable prospect of success on appeal as required by section 17(1) of the Superior Courts Act. The police did not act unlawfully in arresting and detaining the applicant, as the officer verified informer information by questioning and searching the applicant, discovering dagga at his residence. The officer's discretion was exercised rationally, considering the seriousness of the offence, the applicant's unknown status, and the circumstances of the arrest. The alleged assault was not pleaded or pursued, and the court was constrained…
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Rakgwale v Minister of Police and Another (41173/2020) [2025] ZAGPJHC 757 (1 August 2025)
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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Dukulae v Minister of Police (885/2024) [2025] ZANWHC 129 (25 July 2025)
The court held that the plaintiff’s arrest for assault with intent to cause grievous bodily harm was unlawful and awarded R50,000 damages.
L.N v Minister of Police and Another (22/19815) [2025] ZAGPJHC 710 (22 July 2025)
The High Court dismissed the second defendant’s absolution application, finding the plaintiff had made out a prima facie case for malicious prosecution and detention.
Londo v Minister of Police (1855/2024) [2025] ZANWHC 122 (22 July 2025)
Undefended High Court judgment finding the plaintiff’s arrest and four-day detention unlawful, with the Minister of Police held liable for R150,000 damages.
D.M.M v Minister of Police and Another (1907/2017) [2025] ZALMPPHC 136 (21 July 2025)
The High Court awarded R70,000 for unlawful arrest and detention after admitting liability, finding the plaintiff endured degrading conditions, humiliation, and about 38 hours in custody.
T.I.M v Minister of Police and Another (1910/2017) [2025] ZALMPPHC 137 (21 July 2025)
The High Court awarded R80,000 for the unlawful arrest and detention of a 17-year-old, citing his vulnerability, poor cell conditions, and humiliation.
Mulaudzi v Minister of Police and Another (29235/16) [2025] ZAGPJHC 678 (16 July 2025)
The High Court awarded R800,000 for unlawful arrest and detention, and ordered attorney-and-client costs, after finding serious harm and official misconduct.
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