Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Minister of Police v Stevens (A2024/100331) [2025] ZAGPJHC 361 (4 April 2025)
The High Court dismissed an appeal over unlawful arrest and detention, holding that police failed to exercise the discretion required for a warrantless arrest.
M.E.S v Minister of Police and Another (4996/2019) [2024] ZALMPPHC 136 (5 September 2024)
The court found that the police officers had reasonable grounds to arrest the plaintiff for the alleged rape of a minor child, based on the victim's statements, corroborating witness accounts, and medical evidence. The arrest was lawful under section 40(1)(b) of the Criminal Procedure Act. The officers also properly applied their minds to the necessity of detention, given the seriousness of the charge and the evidence available. The further detention of the plaintiff after DNA results did not render the detention unlawful, as the absence of DNA evidence did not exonerate the plaintiff and inv…
Source excerpt
Minister of Police v Mvelo (CA&R 3/2023) [2024] ZANCHC 59 (21 June 2024)
The court found that the appellant provided a reasonable explanation for the default in serving the discovery affidavit, which was due to a bona fide mistake in serving the wrong attorneys. The appellant acted promptly upon learning of the default judgment. The court held that the arresting officer had reasonable suspicion to effect the arrest based on credible information, and was not required to conduct further investigations before arresting the respondent. The magistrate erred in failing to apply the reasonable prospects of success test and in not considering the appellant's bona fide def…
Source excerpt
Tlaka v Minister of Police (HCA20/2021) [2024] ZALMPPHC 15 (7 February 2024)
The High Court dismissed an appeal against a finding that a warrantless arrest and brief detention were lawful under section 40(1)(b) of the Criminal Procedure Act.
Hlapi v Minister of Police (A3069/2022) [2023] ZAGPJHC 70 (1 February 2023)
The High Court dismissed an appeal against a finding that the arrest and detention for dagga possession were lawful and that police discretion was not improperly exercised.
Willie v Minister of Police and Others (A170/2019) [2020] ZAFSHC 122 (8 June 2020)
Appeal dismissed in a wrongful arrest claim. The High Court held the appellant was lawfully arrested for drinking in public and the officers had lawfully detained her.
Seetseng v Minister of Police and Another (CIVAPPFB2/18) [2019] ZANWHC 38 (4 July 2019)
Appeal partly upheld: the arrest and detention were unlawful, but the malicious prosecution claim failed.
Minister of Safety and Security v Pavier (37286/2013) [2017] ZAGPPHC 727 (15 November 2017)
High Court granted leave to appeal and condonation, finding a reasonable prospect of a different outcome on arrest, evidence procedure, and assault issues.
Mtwalo v Minister of Safety and Security (8772/2009) [2014] ZAKZPHC 18 (27 March 2014)
High Court judgment dismissing claims for unlawful search, arrest, detention and assault after finding the police acted lawfully and the assault claim unproven.
Qaku v Minister of Safety & Security (1112/08) [2013] ZAECMHC 23 (18 July 2013)
The court held that the police acted lawfully in conducting warrantless searches of the plaintiff's two houses and vehicle, as they reasonably believed that delay in obtaining a warrant would defeat the object of the search. The evidence established that the police attempted to obtain a warrant but were unable to do so, and acted on credible information regarding stolen property and unlicensed firearms. The plaintiff's consent was not voluntary, but consent was not the only jurisdictional factor; the requirements of section 22(b) of the Criminal Procedure Act were satisfied. The arrest and de…
Source excerpt
Explore more
