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South Africa Case Law

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Delict [2025] ZAMPMBHC 55

Mdluli v Minister of Police (1928/2023)

Mdluli v Minister of Police (1928/2023) [2025] ZAMPMBHC 55 (18 June 2025)

The High Court awarded damages for unlawful arrest, detention, and assault by police, finding two days’ detention and limited assault proved on the evidence.

  • Unlawful Arrest
  • Unlawful Detention
  • Unlawful Assault
  • Damages Quantification
  • Actio Iniuriarum
  • Unlawful-arrest
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Civil Procedure [2025] ZAGPPHC 396

Gaobepe v Minister of Justice and Correctional Services (94619/2016)

Gaobepe v Minister of Justice and Correctional Services (94619/2016) [2025] ZAGPPHC 396 (3 April 2025)

The High Court granted condonation for a late statutory notice under the Organs of State Act, finding the four-month delay excusable and no actual prejudice shown.

  • Institution Of Legal Proceedings Against Organs Of State Act
  • Condonation
  • Prescription
  • Unlawful Assault
  • Statutory Notice Requirements
  • Organs-of-state-notice
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Delict [2025] ZAGPJHC 172

Lehubu and Others v Minister of Police (2023/013524)

Lehubu and Others v Minister of Police (2023/013524) [2025] ZAGPJHC 172 (11 February 2025)

Default judgment was granted for unlawful assault, property damage, and emotional shock after SAPS officers allegedly entered a home without a warrant and assaulted the first plaintiff.

  • Unlawful Assault
  • Malicious Damage To Property
  • Emotional Shock
  • Quantification Of Damages
  • Constitutional Rights
  • Unlawful-assault
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Delict [2024] ZAFSHC 405

Matebesi v Minister of Police (1313/2020)

Matebesi v Minister of Police (1313/2020) [2024] ZAFSHC 405 (13 December 2024)

The High Court found a SAPS member unlawfully shot the plaintiff in the back and held the Minister of Police vicariously liable, rejecting self-defence.

  • Vicarious Liability
  • Unlawful Assault
  • Onus Of Justification
  • Self Defence
  • Credibility Of Witnesses
  • Delict
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Delict [2024] ZALMPPHC 193

Mokoele and Another v Minister of Police and Another (7023/2020)

Mokoele and Another v Minister of Police and Another (7023/2020) [2024] ZALMPPHC 193 (19 November 2024)

The High Court held the plaintiffs proved they were unlawfully assaulted by police and SANDF members, finding the defendants 100% liable. Quantum was postponed.

  • Unlawful Assault
  • Damages
  • Onus Of Proof
  • Quantum Of Damages
  • Unlawful-assault
  • Civil-damages
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Delict [2024] ZAGPJHC 991

Ramasike v Minister of Police (22482/12)

Ramasike v Minister of Police (22482/12) [2024] ZAGPJHC 991 (26 September 2024)

The court found that the Minister failed to prove, on a balance of probabilities, that the police officer's use of deadly force was justified under section 49 of the Criminal Procedure Act. The evidence did not support the Minister's version that the plaintiff posed a threat of serious violence, was armed, or had committed a violent crime. The police were unaware the vehicle was stolen at the time of pursuit, and no stolen goods or firearms were found. The officer did not fire a warning shot before shooting the plaintiff, and there was no evidence that less forceful means of arrest were unava…

  • Unlawful Assault
  • Use Of Force In Arrest
  • Section 49 Criminal Procedure Act
  • Vicarious Liability
  • Negligence
  • Constitutional Rights
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Delict [2024] ZALMPPHC 131

Resinga v Minister of Police (6878/2017)

Resinga v Minister of Police (6878/2017) [2024] ZALMPPHC 131 (23 August 2024)

The High Court held the Minister of Police 100% liable after finding SAPS members unjustifiably shot and assaulted an off-duty police officer.

  • Vicarious Liability
  • Unlawful Assault
  • Negligence
  • Self Defence
  • Onus Of Proof
  • Delict
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Delict [2024] ZAECBHC 37

Banzana v Minister of Police (480/2021)

Banzana v Minister of Police (480/2021) [2024] ZAECBHC 37 (28 June 2024)

The court found the plaintiff and his witnesses credible, consistent, and supported by documentary evidence, including the occurrence book and medical report. The evidence established that SAPS members unlawfully closed the plaintiff's tavern on 23 April 2021 and subsequently assaulted and arrested him on 25 April 2021. The defendant's sole witness, Sergeant Mzukwa, was found evasive and unreliable, with contradictions in his testimony and inability to account for key details. The occurrence book entries corroborated the plaintiff's version of events, and the purported warning notice was foun…

  • Unlawful Arrest
  • Unlawful Assault
  • Vicarious Liability
  • Liquor Licence Enforcement
  • Damages
  • Police Misconduct
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Delict [2024] ZAECMKHC 148

Sigqoko v Minister of Police (2159/2019)

Sigqoko v Minister of Police (2159/2019) [2024] ZAECMKHC 148 (22 May 2024)

The High Court granted absolution from the instance after finding the plaintiff’s evidence of a police shooting was contradictory, improbable, and uncorroborated.

  • Absolution From The Instance
  • Unlawful Assault
  • Burden Of Proof
  • Prima Facie Case
  • Absolution-from-the-instance
  • Civil-procedure
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Delict [2024] ZAECELLC 21

Maliwa v Minister of Justice & Correctional Services Republic of South Africa (154/2022)

Maliwa v Minister of Justice & Correctional Services Republic of South Africa (154/2022) [2024] ZAECELLC 21 (22 February 2024)

The court found that a correctional official assaulted an inmate at West Bank Correctional Centre and held the defendant liable for damages and costs.

  • Unlawful Assault
  • Vicarious Liability
  • Burden Of Proof
  • Assessment Of Evidence
  • Unlawful-assault
  • Vicarious-liability
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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.