South Africa Case Law

Mantashe v Minister of Police (3104/16)

Mantashe v Minister of Police (3104/16) [2025] ZAECMHC 18 (13 March 2025)

Court

Eastern Cape High Court, Mthatha

Case number

3104/16

Judge

N Cengani-Mbakaza

The court found the plaintiff to be a credible and reliable witness whose testimony was corroborated by medical evidence and the circumstances of the incident. The defendant’s version was rejected as implausible and unsupported by evidence. The court held that the probabilities pointed to the police officer, Sgt Vuke, as the perpetrator of the assault. The plaintiff proved her case on a balance of probabilities. In determining quantum, the court considered the nature and extent of the injuries, the public nature of the assault, and comparable awards, concluding that R80,000 was fair and adequ…

Source excerpt

• Wrongful Assault
• Damages Quantification
• Burden Of Proof
• Single Witness Rule

Fourie v Minister of Justice and Correctional Services - Appeal (39/2023)

Fourie v Minister of Justice and Correctional Services - Appeal (39/2023) [2024] ZAECMKHC 2 (16 January 2024)

Court

Eastern Cape High Court, Makhanda

Case number

39/2023

Judges

N Cengani-Mbakaza, N Beshe

The appeal court found that the trial Magistrate misdirected herself by failing to properly evaluate the totality of the evidence and the principles applicable to mutually destructive versions. The plaintiff's version was corroborated by medical evidence and photographs, while the defendant's version was improbable and unsupported. The injuries suffered by the plaintiff were consistent with an assault by correctional officials, not accidental self-infliction. The principles of self-defence were inapplicable as no credible evidence supported an imminent attack by the plaintiff. The trial court…

Source excerpt

• Wrongful Assault
• Quantum Of Damages
• Burden Of Proof
• Evaluation Of Evidence
• Self Defence
• Constitutional Rights

Hlalele v Minister of Police (3648/2020)

Hlalele v Minister of Police (3648/2020) [2023] ZAFSHC 361 (6 September 2023)

Court

Free State High Court, Bloemfontein

Case number

3648/2020

Judge

M S Thamae

High Court damages judgment for a wrongful police assault, awarding future medical expenses, future loss of income, general damages, costs, and interest.

• Wrongful Assault
• Quantum Of Damages
• Future Loss Of Income
• General Damages
• Medical Expenses
• Delict

Nomgejo v Minister of Safety & Security (520/07)

Nomgejo v Minister of Safety & Security (520/07) [2019] ZAECMHC 52 (19 September 2019)

Court

Eastern Cape High Court, Mthatha

Case number

520/07

Judge

Nhlangulela

The court found that the plaintiff was unlawfully shot and injured by two police officers in Tsolo, whose conduct was wrongful and without justification. The evidence of the plaintiff and his witness was credible and corroborated, while the defendant's evidence regarding the absence of a report was irrelevant and unreliable. The police officials acted in their capacity as employees of the Department of Safety and Security, making the defendant vicariously liable for their conduct. The plaintiff discharged the onus of proof required for liability, and the defendant is held liable to compensate…

Source excerpt

• Vicarious Liability
• Wrongful Assault
• State Liability Act
• Animus Injuriandi

Damane v Minister of Police (1780/12)

Damane v Minister of Police (1780/12) [2019] ZAECMHC 31 (25 June 2019)

Court

Eastern Cape High Court, Mthatha

Case number

1780/12

Judge

Z M Nhlangulela

The High Court dismissed claims for unlawful arrest, detention, dignity and legal costs, but awarded R90,000 for wrongful assault in police custody.

• Wrongful Arrest
• Wrongful Detention
• Impairment Of Dignity
• Wrongful Assault
• Quantum Of Damages
• Wrongful-arrest

Marwana v Minister of Police (3067/2010)

Marwana v Minister of Police (3067/2010) [2012] ZAECPEHC 56 (28 August 2012)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3067/2010

Judge

PW Tshiki

The court held that the plaintiff was unlawfully arrested, detained, assaulted, and had her home entered without consent, awarding damages on each claim.

• Unlawful Arrest
• Unlawful Detention
• Wrongful Assault
• Unauthorised Entry
• Dignity Rights
• Damages Quantification

Mnyamezeli and Another v Mfiki (57/10)

Mnyamezeli and Another v Mfiki (57/10) [2010] ZAECMHC 25 (23 September 2010)

Court

Eastern Cape High Court, Mthatha

Case number

57/10

Judges

F.B.A Dawood, Dukada A.J

Appeal against damages for wrongful arrest and assault partially succeeded, with liability upheld but the award reduced to R30,000 total.

• Wrongful Arrest
• Wrongful Assault
• Vicarious Liability
• Quantum Of Damages
• Wrongful-arrest
• Wrongful-assault