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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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Nkambule v Minister of Justice and Correctional Services and Others (3589/2022) [2025] ZAMPMBHC 70 (1 August 2025)
The court found that the plaintiff's continued detention after the successful appeal and order for release was unlawful, as the warrant of liberation was not transmitted timeously due to the Department of Justice's delay. Since both the Department of Justice and Correctional Services fall under the same Ministry, liability attaches to the Minister for Correctional Services. The plaintiff was deprived of his liberty for 77 days without just cause, violating his constitutional rights. In determining quantum, the court considered previous awards for unlawful detention, the duration of detention,…
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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.
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.
Mabasa v Minister of Police (14551/2019) [2025] ZAGPPHC 718 (15 July 2025)
High Court found the plaintiff’s arrest and detention by police unlawful for lack of a properly grounded suspicion, and awarded R735,000 in damages.
Tshalibe v Minister of Home Affairs and Other (23795/2012) [2025] ZAGPPHC 708 (15 July 2025)
The High Court held the police liable for unlawful arrest and detention, finding procedural breaches under the CPA. The malicious prosecution claim was dismissed.
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