South Africa Case Law

Monareng v Minister of Police (2081/2020)

Monareng v Minister of Police (2081/2020) [2025] ZAFSHC 229 (5 August 2025)

Court

Free State High Court, Bloemfontein

Case number

2081/2020

Judge

Opperman

The court found that the SAPS Special Task Force members acted lawfully and within the bounds of section 49 of the Criminal Procedure Act. The operation was based on credible intelligence regarding dangerous suspects involved in violent crimes. The SAPS members were properly briefed, used marked vehicles and a helicopter, and attempted a box-in manoeuvre to effect arrest. The plaintiff's vehicle fled, and shots were fired at the police from the suspect vehicle. Forensic evidence linked the plaintiff to the firearm found in the vehicle, which had an erased serial number and was unlicensed. The…

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• Use Of Force In Arrest
• Section 49 Criminal Procedure Act
• Vicarious Liability
• Damages For Police Shooting
• Onus Of Proof
• Proportionality Of Force

Nkosi v Minister of Police (2706/2017)

Nkosi v Minister of Police (2706/2017) [2025] ZAMPMBHC 68 (1 August 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2706/2017

Judge

Shai

The High Court held that the plaintiff proved a customary marriage or, alternatively, a relationship equivalent to a common-law partnership, and awarded loss of support damages.

• Loss Of Support
• Vicarious Liability
• Customary Marriage
• Quantification Of Damages
• Loss-of-support
• Customary-marriage

S.D.N v Sunwest International (Pty) Ltd t/a Grand West Casino and Entertainment World (7659/2021)

S.D.N v Sunwest International (Pty) Ltd t/a Grand West Casino and Entertainment World (7659/2021) [2025] ZAWCHC 327 (31 July 2025)

Court

Western Cape High Court, Cape Town

Case number

7659/2021

Judge

Mthimunye

The court found that the defendant, through its electrical and maintenance department, was vicariously liable for gross negligence. The exposed live wire near a busy public area and a water source posed a significant and foreseeable risk, especially to children. The defendant's employees failed to secure the area after the removal of the Christmas tree, disregarding instructions and failing to follow up on safety measures. The defendant did not call relevant witnesses to explain the failure, and the evidence established a conscious and voluntary disregard for reasonable care. The disclaimer a…

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• Gross Negligence
• Vicarious Liability
• Personal Injury
• Public Premises Safety
• Res Ipsa Loquitur

Londo v Minister of Police (1855/2024)

Londo v Minister of Police (1855/2024) [2025] ZANWHC 122 (22 July 2025)

Court

North West High Court, Mafikeng

Case number

1855/2024

Judge

Maodi

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.

• Unlawful Arrest
• Arbitrary Detention
• Constitutional Damages
• Vicarious Liability
• Unlawful-arrest
• Arbitrary-detention

Mabasa v Minister of Police (14551/2019)

Mabasa v Minister of Police (14551/2019) [2025] ZAGPPHC 718 (15 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

14551/2019

Judge

S Mfenyana

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.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Section 40 Arrest
• Constitutional Rights
• Vicarious Liability

Marais v Renault South Africa (Pty) Ltd (84098/2019)

Marais v Renault South Africa (Pty) Ltd (84098/2019) [2025] ZAGPPHC 717 (15 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

84098/2019

Judge

S Potterill

The High Court dismissed a whistleblower and delict claim by a former Renault employee, finding no protected disclosures, no proven damages, and awarding punitive costs.

• Protected Disclosure Act
• Unfair Dismissal
• Occupational Detriment
• Action Injuria
• Vicarious Liability
• Quantum Of Damages

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

Samsung Sds Global Scl South Africa Proprietary Limited v Rhenus Logistics Proprietary Limited (2023/076450; 2023/079688)

Samsung Sds Global Scl South Africa Proprietary Limited v Rhenus Logistics Proprietary Limited (2023/076450; 2023/079688) [2025] ZAGPJHC 677 (18 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/076450; 2023/079688

Judge

Pearse AJ

The court found that Samsung SDS could not rely on section 6(1) of the Arbitration Act to stay its own action, as that statutory power is available only to defendants or third parties. However, the court's inherent jurisdiction under section 173 of the Constitution allows it to stay proceedings in the interests of justice. The initiation of the action by Samsung SDS did not amount to a repudiation or waiver of the arbitration agreement, given its clear intention to arbitrate and the precautionary nature of the action to interrupt prescription. The interests of justice, party autonomy, and con…

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• Stay Of Proceedings
• Arbitration Agreement Enforcement
• Consolidation Of Actions
• Vicarious Liability
• Prescription Interruption
• Specific Performance

Ximba v Minister of Police and Another (5183/2022)

Ximba v Minister of Police and Another (5183/2022) [2025] ZAMPMHC 30 (11 June 2025)

Court

Middelburg High Court, Mpumalanga

Case number

5183/2022

Judge

Malangeni

The High Court held the police liable for unlawful arrest and injuries after the plaintiff was taken to an active robbery scene and shot during the incident.

• Unlawful Arrest
• Vicarious Liability
• Bodily Injury
• Protection Of Harassment Act
• Negligence
• Constitutional Rights

City of Cape Town v Cell C Limited and Others (20689/2018)

City of Cape Town v Cell C Limited and Others (20689/2018) [2025] ZAWCHC 246 (10 June 2025)

Court

Western Cape High Court, Cape Town

Case number

20689/2018

Judge

Slingers

The court found that the plaintiff had sufficient knowledge of the facts necessary to institute its claim against the first defendant on 18 November 2015, as its pleaded case was based on strict liability and did not depend on identifying the specific wrongdoer. The plaintiff could have acquired the requisite knowledge to institute proceedings against the second defendant by making reasonable inquiries at the time of the incident. The failure to make basic inquiries constituted a lack of reasonable care, and the plaintiff is deemed to have had constructive knowledge of the facts from the date…

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• Prescription Act
• Strict Liability
• Constructive Knowledge
• Vicarious Liability
• Contractual Claim
• Reasonable Care