South Africa Case Law

Amajouyi v Minister of Police (536/23)

Amajouyi v Minister of Police (536/23) [2025] ZANWHC 77 (7 May 2025)

Court

North West High Court, Mafikeng

Case number

536/23

Judge

Wessels

The court found that the plaintiff's arrest and detention were effected without justification, explanation, or compliance with statutory requirements. The defendant failed to discharge the onus of proving lawfulness. The search of the plaintiff's residence was conducted without a warrant or consent, in violation of constitutional rights to privacy and dignity. The SAPS failed to bring the plaintiff before a court, and the detention lasted five days. The plaintiff's claim for damages for loss of property and damage to property failed due to insufficient evidence and lack of proper pleading. Th…

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• Unlawful Arrest
• Unlawful Detention
• Warrantless Search
• Damages For Loss Of Property
• Constitutional Right To Privacy
• Quantum Of Damages

Mtakati v Minister of Police, South Africa and Another (2024/105172)

Mtakati v Minister of Police, South Africa and Another (2024/105172) [2024] ZAGPPHC 1009 (1 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/105172

Judge

BAM

The court held that the warrantless seizure of a vehicle linked to murder and kidnapping was lawful under section 22 of the CPA, so spoliation failed.

• Search And Seizure
• Spoliation
• Criminal Procedure Act Section 22
• Warrantless Search
• Bill Of Rights Privacy
• Interdict

S v Murphy and Others - Search and Seizure (CC27/2018)

S v Murphy and Others - Search and Seizure (CC27/2018) [2023] ZAWCHC 184; 2024 (1) SACR 138 (WCC) (12 July 2023)

Court

Western Cape High Court, Cape Town

Case number

CC27/2018

Judge

D M Davis

The court held that the first and third searches were lawful under s 22(b) of the CPA, as the police had reasonable grounds to believe a warrant would be issued and delay would defeat the object of the search. The second search was unlawful because the consent obtained was not informed, amounting to a violation of the right to privacy, and the police officer showed ignorance and disregard for the law. The evidence from the second search was excluded as its admission would be detrimental to the administration of justice. The fourth search was unlawful because the officer who seized the drugs w…

Source excerpt

• Search And Seizure
• Admissibility Of Evidence
• Right To Privacy
• Warrantless Search
• Informed Consent
• Exclusionary Rule

Mkhutyukelwa v Minister of Police (2789/2013)

Mkhutyukelwa v Minister of Police (2789/2013) [2017] ZAECMHC 34 (8 August 2017)

Court

Eastern Cape High Court, Mthatha

Case number

2789/2013

Judge

SM Jolwana

The High Court held that a warrantless search, arrest and detention were unlawful, and awarded damages after a police shooting and alleged assault.

• Unlawful Arrest
• Unlawful Detention
• Assault By Police
• Warrantless Search
• Damages Assessment
• Constitutional Right To Privacy