South Africa Case Law

Maetso v Minister of Police of the Republic of South Africa and Another (Leave to Appeal) (3115/2023)

Maetso v Minister of Police of the Republic of South Africa and Another (Leave to Appeal) (3115/2023) [2025] ZANWHC 121 (22 July 2025)

Court

North West High Court, Mafikeng

Case number

3115/2023

Judge

Titus

The High Court dismissed an application for leave to appeal against a R650,000 damages award for unlawful arrest and detention, finding no reasonable prospect of success.

• Quantum Of Damages
• Unlawful Arrest And Detention
• Judicial Discretion
• Leave To Appeal
• General Damages
• Leave-to-appeal

Muziwenkosi v Minister of Police (18474/2012)

Muziwenkosi v Minister of Police (18474/2012) [2025] ZAGPJHC 672 (10 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

18474/2012

Judge

Ntlama-Makhanya

The High Court awarded R650,000 for unlawful arrest and detention after finding SAPS lacked objectively reasonable grounds and acted humiliatingly.

• Unlawful Arrest And Detention
• Malicious Prosecution
• Defamation
• Damages Quantification
• Constitutional Rights Violation
• Vicarious Liability

Mashigoana v Minister of South African Police Service and Others (6027/2020)

Mashigoana v Minister of South African Police Service and Others (6027/2020) [2025] ZALMPPHC 128 (30 June 2025)

Court

Limpopo High Court, Polokwane

Case number

6027/2020

Judge

Stroh

The court found that the Plaintiff was lawfully arrested by the police officer, Thekupi, who acted on reasonable suspicion that the Plaintiff was in possession of a stolen vehicle, as required by section 40(1)(b) of the Criminal Procedure Act. However, the continued detention of the Plaintiff after he provided a reasonable explanation for possession—namely, that he had exchanged vehicles with AM Magane—was not justified. The evidence showed that the police obtained corroborating statements from AM Magane on the same day, confirming the vehicle exchange. The Defendant's witness, Mampuru, admit…

Source excerpt

• Unlawful Arrest And Detention
• Section 40 Criminal Procedure Act
• Section 36 General Laws Amendment Act
• Constitutional Right To Liberty
• Onus Of Justification
• Standard Of Proof Civil

Jacobs v Minister of Police and Others (16649/2020)

Jacobs v Minister of Police and Others (16649/2020) [2025] ZAGPJHC 579 (6 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

16649/2020

Judge

C.A Read

The court found that the plaintiff's arrest and detention were unlawful, as the police failed to exercise proper discretion and did not provide reasonable grounds for suspicion. The subsequent detention, up to the bail hearing, was also unlawful, as there was no proper judicial consideration of the plaintiff's continued incarceration. The plaintiff's constitutional rights under section 12 were violated, and he suffered significant emotional and reputational harm. The court considered recent case law on damages for unlawful detention and determined that a fair and appropriate award, reflecting…

Source excerpt

• Unlawful Arrest And Detention
• Actio Iniuriarum
• Constitutional Rights Violation
• Damages Assessment
• Bill Of Rights Section 12
• Default Judgment Procedure

Khedama v Minister of Police (667/2024)

Khedama v Minister of Police (667/2024) [2025] ZASCA 79 (5 June 2025)

Court

Supreme Court of Appeal

Case number

667/2024

Judges

Hughes JA, Dlodlo AJA, Steyn AJA

The Supreme Court of Appeal found that the full court erred in drastically reducing the quantum of damages awarded for the appellant's unlawful arrest and detention. The appellant was subjected to particularly egregious and degrading treatment by the police, including humiliation, psychological trauma, and prolonged detention under harsh conditions. The court held that the severity of the constitutional rights violations and the systemic disregard for human dignity justified a higher award. The assessment of damages must reflect not only the duration of detention but also the overall treatmen…

Source excerpt

• Unlawful Arrest And Detention
• Quantum Of Damages
• Constitutional Rights Violation
• Cruel Inhuman Or Degrading Treatment
• Interest On Unliquidated Debt

Lawu and Another v Minister of Police (12401/2017)

Lawu and Another v Minister of Police (12401/2017) [2025] ZAGPPHC 589 (4 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

12401/2017

Judge

Botsi-Thulare

The court found that the plaintiffs were unlawfully arrested and detained for two days, entitling them to general damages. Based on comparable case law and relevant factors such as age, employment status, and the circumstances of detention, an award of R50,000 per day per plaintiff was deemed fair and appropriate. The claims for future medical expenses and prospective loss of income were dismissed due to insufficient evidence of a causal link between the detention and the plaintiffs' psychological conditions or employment difficulties. The expert reports did not distinguish the impact of the…

Source excerpt

• Unlawful Arrest And Detention
• Quantum Of Damages
• Future Medical Expenses
• Prospective Loss Of Income
• Costs Award

Nakana v Claassens and Others (137/2024)

Nakana v Claassens and Others (137/2024) [2025] ZASCA 52 (7 May 2025)

Court

Supreme Court of Appeal

Case number

137/2024

Judges

Mocumie, Kgoele, Kathree-Setiloane, Phatshoane, Windell

The Supreme Court of Appeal reduced a malicious prosecution award from R250,000 to R80,000, finding the full court misdirected itself on the facts.

• Malicious Prosecution
• Quantum Of Damages
• Unlawful Arrest And Detention
• Malicious-prosecution
• Damages-quantum
• Unlawful-arrest-detention

Minister of Police v Chauke (28807/2020)

Minister of Police v Chauke (28807/2020) [2025] ZAGPPHC 372 (14 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

28807/2020

Judge

LG Kilmartin

The High Court dismissed the Minister of Police’s rescission application after finding no basis under Rule 42 or the common law.

• Rescission Of Judgment
• Failure To Discover
• Unlawful Arrest And Detention
• Default Judgment
• Removal Of Bar
• Rescission-of-judgment

Cele and Others v Ethekwini Municipality (3868/2014; 3869/2014; 3870/2014)

Cele and Others v Ethekwini Municipality (3868/2014; 3869/2014; 3870/2014) [2025] ZAKZDHC 12 (27 March 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

3868/2014; 3869/2014; 3870/2014

Judge

Mathenjwa

High Court damages judgment against eThekwini Municipality for unlawful arrest, detention and assault, with awards made to three plaintiffs after liability was settled.

• Unlawful Arrest And Detention
• Assault And Contumelia
• Quantum Of Damages
• Loss Of Earnings
• Unlawful-arrest-and-detention
• Assault-and-contumelia

Lentoro v Minister of Police and Another (936/2022)

Lentoro v Minister of Police and Another (936/2022) [2025] ZANWHC 50; [2025] 2 All SA 496 (NWM) (11 March 2025)

Court

North West High Court, Mafikeng

Case number

936/2022

Judge

Smit

The court found that neither the interim nor final protection orders were properly served on the plaintiff, as required by the Protection from Harassment Act and its regulations. The arresting officer failed to ensure actual knowledge of the protection order and did not possess a warrant of arrest, nor did he consider the statutory requirements for imminent harm before arresting the plaintiff. The arrest was thus unlawful, resulting in 14 days of detention under substandard and inhumane conditions. Regarding malicious prosecution, the court held that the prosecutors persisted with charges und…

Source excerpt

• Unlawful Arrest And Detention
• Malicious Prosecution
• Quantum Of Damages
• Service Of Protection Orders
• Constitutional Rights