South Africa Case Law

Klue v Minister of Justice and Correctional Services (A188/2023)

Klue v Minister of Justice and Correctional Services (A188/2023) [2025] ZAFSHC 4 (6 January 2025)

Court

Free State High Court, Bloemfontein

Case number

A188/2023

Judges

Naidoo, Van Rhyn, Mahlatsi

The court held that the appellant's cause of action, as pleaded, arose from the alleged breach of duty of care by the magistrate and judges during the criminal proceedings and subsequent appeal, with the relevant conduct occurring between 2013 and 2018. The appellant did not amend his particulars of claim to align with the new argument that the cause of action only accrued when the conviction was overturned in 2020. The court found that prescription began to run from the dates of the alleged wrongful acts, not from the date the conviction was set aside. The statutory notices were both late an…

Source excerpt

• Prescription Act
• Institution Of Legal Proceedings Against State Act
• Wrongful Conviction
• Duty Of Care
• Malicious Prosecution

Lisenga v Minister of Justice (1609/2019)

Lisenga v Minister of Justice (1609/2019) [2024] ZAMPMBHC 43 (25 June 2024)

Court

Mbombela High Court, Mpumalanga

Case number

1609/2019

Judge

Mashile

The court found that Lisenga acquired knowledge of the conviction and criminal record in 2012 and 2013 during employment interviews, which constituted the minimum facts necessary to institute a delictual claim against the Minister. Section 12 of the Prescription Act does not require knowledge of legal consequences, only of the facts giving rise to the claim. The exceptions in Section 12(2) and (3) were not applicable, as there was no evidence that the Minister prevented Lisenga from acquiring knowledge, and Lisenga knew the identity of the debtor. The court held that prescription commenced in…

Source excerpt

• Prescription Act
• Institution Of Legal Proceedings Against Organs Of State
• Delictual Damages
• Wrongful Conviction
• Special Plea Of Prescription

S v Moholobela (CA&R 29/23)

S v Moholobela (CA&R 29/23) [2023] ZANCHC 44 (11 August 2023)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 29/23

Judges

L P Tlaletsi, M C Mamosebo

The High Court set aside a guilty plea conviction because the accused was convicted on a charge sheet belonging to someone else.

• Irregular Proceedings
• Wrongful Conviction
• Immigration Act Offence
• Review Of Magistrates Decision
• Special-review
• Wrongful-conviction

Nohour and Another v Minister of Justice and Constitutional Development (1139/2018)

Nohour and Another v Minister of Justice and Constitutional Development (1139/2018) [2020] ZASCA 27; 2020 (2) SACR 229 (SCA) (26 March 2020)

Court

Supreme Court of Appeal

Case number

1139/2018

Judges

Petse, Van der Merwe, Dlodlo

The Supreme Court of Appeal dismissed a claim for damages arising from an alleged wrongful conviction, holding that causation was not proved.

• Wrongful Conviction
• Causation
• Animus Iniuriandi
• Negligent Omission
• Damages
• Ex Turpi Causa

Nahour and Another v Minister of Justice and Constitutional Development (6057/2007)

Nahour and Another v Minister of Justice and Constitutional Development (6057/2007) [2018] ZAKZPHC 65 (3 August 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

6057/2007

Judge

D Pillay

The plaintiffs failed to discharge the onus of proving causation between the prosecutrix's irregularity and their damages. The evidence showed that, even excluding the complainant's testimony, the plaintiffs had a compelling case to answer and could have been convicted on the remaining evidence. Their acquittal by the Supreme Court of Appeal was not proof of innocence but rather a finding that the State had not met the threshold of proof beyond reasonable doubt. Furthermore, the plaintiffs' admitted criminal conduct—procuring sex for reward—constituted turpitude and was instrumental to their…

Source excerpt

• Wrongful Conviction
• Causation In Delict
• Ex Turpi Causa
• State Liability
• Prescription Act
• Constitutional Values

S v Sikhosana (98/05)

S v Sikhosana (98/05) [2006] ZASCA 104; [2006] SCA 133 (RSA) (3 November 2006)

Court

Supreme Court of Appeal

Case number

98/05

Judges

Cameron, Conradie, Cloete

The Supreme Court of Appeal set aside Hopewell Jabulani Sikhosana’s murder and robbery convictions and related life sentence after the State conceded the appeal.

• Murder
• Robbery With Aggravating Circumstances
• Leave To Appeal
• Wrongful Conviction
• Criminal-law
• Robbery-with-aggravating-circumstances