South Africa Case Law

Vonopartis, t/a Lucky Haven Entertainment Lounge v Minister of Police and Others (2023-100218)

Vonopartis, t/a Lucky Haven Entertainment Lounge v Minister of Police and Others (2023-100218) [2023] ZAGPJHC 1339 (20 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-100218

Judge

Moorcroft

The High Court granted leave to appeal after finding arguable prospects on whether a warrantless police search and seizure of computer equipment was lawful.

• Spoliation Application
• Search And Seizure
• Criminal Procedure Act Section 22
• Cybercrimes Act Section 32
• Leave To Appeal
• Unlawful Search And Seizure

Minnaar and Another v Rock Mining Machines (Pry) Ltd and Others (2930/2023)

Minnaar and Another v Rock Mining Machines (Pry) Ltd and Others (2930/2023) [2023] ZAMPMHC 26 (10 August 2023)

Court

Middelburg High Court, Mpumalanga

Case number

2930/2023

Judge

BAM

The court granted an urgent final interdict ordering the return of applicants’ phones, stopping further use of extracted personal data, and awarding punitive costs.

• Final Interdict
• Right To Privacy
• Self Help Remedy
• Urgent Application
• Unlawful Search And Seizure
• Final-interdict

Matinjwa v Minister of Police (566/2016)

Matinjwa v Minister of Police (566/2016) [2023] ZAECMHC 18 (25 April 2023)

Court

Eastern Cape High Court, Mthatha

Case number

566/2016

Judge

T.V Norman

The court held the police liable for unlawful search, arrest and assault of the plaintiff, relying on his evidence, medical corroboration and the defendant’s failure to rebut it.

• Unlawful Search And Seizure
• Unlawful Arrest
• Police Brutality
• Constitutional Damages
• Vicarious Liability
• Personal Injury

Baloyi and Another v Minister of Police and Another (14884/2015)

Baloyi and Another v Minister of Police and Another (14884/2015) [2022] ZAGPJHC 760 (23 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

14884/2015

Judge

Swanepoel

The High Court held that the arrest, detention and search were lawful on the facts, dismissed most claims, and found the State liable only for second plaintiff’s arrest assault claim.

• Wrongful Arrest And Detention
• Unlawful Search And Seizure
• Malicious Prosecution
• Assault By Police
• Quantum Of Damages
• Wrongful-arrest-and-detention

Nhlapo v Minister of Police (26738/2020)

Nhlapo v Minister of Police (26738/2020) [2022] ZAGPJHC 99 (23 February 2022)

Court

South Gauteng High Court, Johannesburg

Case number

26738/2020

Judge

Cowen

The court found that the plaintiff's constitutional rights to dignity, freedom, and privacy were violated through unlawful search, seizure, arrest, and detention. The aggravating factors included the solicitation of a bribe by police officers and the continued deprivation of the plaintiff's vehicle without justification, especially as a consequence of instituting proceedings. The plaintiff's evidence was uncontested and established inhumane conditions of detention and abuse of power. The court determined that these circumstances warranted a damages award in the region sought by the plaintiff,…

Source excerpt

• Unlawful Arrest And Detention
• Unlawful Search And Seizure
• Damages Quantification
• Constitutional Rights Violation
• Solicitation Of Bribe

Minister of Correctional Services v DW (CA43/2019)

Minister of Correctional Services v DW (CA43/2019) [2021] ZAECGHC 21 (10 February 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

CA43/2019

Judges

B Hartle, T Malusi

The High Court dismissed an appeal over damages for an indecent prison body search, finding the inmate’s version credible and the award not excessive.

• Unlawful Search And Seizure
• Violation Of Dignity
• Sexual Assault
• Quantum Of Damages
• Departmental B Orders
• Postponement Of Trial

Ndlovu and Others v S (541/2019)

Ndlovu and Others v S (541/2019) [2020] ZAECGHC 131; [2021] 1 All SA 538 (ECG); 2021 (1) SACR 299 (ECG) (24 November 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

541/2019

Judges

D Van Zyl, J Roberson, R E Griffiths

High Court appeal on unlawful search and sentence in rhino-poaching convictions. The court admitted real evidence found in a chalet and upheld the 25-year effective sentence.

• Admissibility Of Evidence
• Unlawful Search And Seizure
• Section 35 5 Constitution
• Sentencing Principles
• Biodiversity Act Offences
• Cumulative Sentencing

Gcumisa and Others v Minister of Police (AR621/19)

Gcumisa and Others v Minister of Police (AR621/19) [2020] ZAKZPHC 54 (18 September 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR621/19

Judges

Mngadi, Balton

The High Court upheld an appeal against a magistrate’s damages award, finding an unlawful search, unlawful arrest and detention, malicious prosecution, and inadequate compensation for two appellants.

• Unlawful Search And Seizure
• Unlawful Arrest And Detention
• Malicious Prosecution
• Quantum Of Damages
• Personal Injury
• Constitutional Rights Enforcement

Minister of Police v Samanithan (CA60/2019)

Minister of Police v Samanithan (CA60/2019) [2020] ZAECGHC 62 (9 June 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

CA60/2019

Judges

J.E Smith, M.J. Lowe

The High Court dismissed an appeal against damages for unlawful searches, arrest and detention, and upheld interest from service of summons.

• Unlawful Search And Seizure
• Unlawful Arrest
• Quantum Of Damages
• Interest On Damages
• Unlawful-search-and-seizure
• Unlawful-arrest

Shashape v Minister of Police (1566/2018)

Shashape v Minister of Police (1566/2018) [2020] ZANWHC 26 (30 April 2020)

Court

North West High Court, Mafikeng

Case number

1566/2018

Judge

Gura

The court found that the police officers entered and searched the plaintiff's home without a warrant, consent, or reasonable grounds as required by section 22 of the Criminal Procedure Act. The plaintiff expressly denied consent and no evidence was presented to justify the search. The defendant failed to discharge the onus to show the search was lawful. The search infringed the plaintiff's constitutional rights to privacy and dignity, causing emotional distress, reputational harm, and financial loss. The court accepted the plaintiff's evidence as honest and reliable. Considering comparable aw…

Source excerpt

• Unlawful Search And Seizure
• Right To Privacy
• General Damages
• Vicarious Liability
• Institution Of Legal Proceedings Against Organs Of State
• Quantum Of Damages