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South Africa decisions
Decisions matching the current search
Masente v Minister of Police (22/2747) [2025] ZAGPJHC 569 (6 June 2025)
After trial, the High Court dismissed Masente’s claim that SAPS stole R400,000 during a warrantless search, finding his evidence uncorroborated and inconsistent.
Thinga v Minister of Police (5724/2022) [2025] ZAECMHC 36 (29 April 2025)
Default judgment was refused because the plaintiff’s particulars of claim failed to plead the necessary facts for vicarious liability against the Minister of Police.
Ntombela v Minister of Police (23541/2018) [2024] ZAGPJHC 1218 (22 November 2024)
The High Court granted leave to appeal against its prior dismissal of a wrongful arrest and detention claim, finding some prospects of success on the condonation issue.
Mogale v Minister of Police and Others (36031/2019) [2024] ZAGPPHC 1201 (18 November 2024)
The High Court dismissed claims for wrongful arrest, assault, malicious prosecution, and denial of medical support after finding the arrest and detention justified.
Minister of Police v Hadebe (1905/2022) [2024] ZAMPMBHC 84 (12 November 2024)
The High Court dismissed the Minister of Police’s late condonation and rescission application, finding the delay unexplained, the bar unresolved, and the alleged defence unsubstantiated.
G.C v J.C and Others (14205/2014) [2024] ZAWCHC 354 (6 November 2024)
The defendant is liable to the plaintiff for damages arising from malicious prosecution and defamation, as her conduct in laying false criminal charges was intentional, malicious, and without reasonable cause. The plaintiff suffered significant non-patrimonial harm, including reputational damage, humiliation, and psychological trauma, aggravated by the seriousness of the allegations, persistent malice, and lack of apology. The quantum for non-patrimonial damages is determined jointly for defamation and malicious prosecution, as the facts are interwoven and the consequences inseparable. The pl…
Source excerpt
Msudulu v Minister of Police (2014/6624) [2024] ZAGPJHC 965 (27 September 2024)
The High Court granted leave to appeal in a wrongful arrest and detention case, mainly on quantum and whether the pleadings covered the detention proved at trial.
Gwiji v Minister of Police (1867/2020) [2024] ZAECMHC 77 (27 August 2024)
The High Court found the plaintiff failed to prove unlawful arrest and detention by SAPS members on 15 November 2019 and granted absolution from the instance.
Mthembu v Minister of Police (2018/14036) [2024] ZAGPJHC 813 (22 August 2024)
The High Court held that the plaintiff was unlawfully arrested and detained, accepted his version over the police evidence, and awarded R150,000 damages.
Van Vuuren N.O and Another v Director of Public Prosecutions and Another (Leave to Appeal) (26135/2017) [2024] ZAGPPHC 832 (13 August 2024)
The High Court granted leave to appeal after finding another court may reach a different conclusion on claims for wrongful arrest, detention, and malicious prosecution.
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