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South Africa decisions
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L.N v Minister of Police and Another (22/19815) [2025] ZAGPJHC 710 (22 July 2025)
The High Court dismissed the second defendant’s absolution application, finding the plaintiff had made out a prima facie case for malicious prosecution and detention.
Mogorosi v Minister of Police and Others (Appeal) (CIV APP MG 23/24) [2025] ZANWHC 62 (20 March 2025)
On appeal, the High Court found the magistrate misdirected himself in a default judgment matter and awarded R100,000 for wrongful arrest and detention.
T.N v Minister of Police (2579/2020) [2024] ZAECMHC 95 (17 December 2024)
The court found that the plaintiff was unlawfully arrested on 7 June 2019 by Constable Ginya, who exercised authority and deprived the plaintiff of liberty without reasonable suspicion or justification. The warning statement completed at the police station confirmed the arrest, and the defendant failed to justify the deprivation of liberty. On 2 August 2019, the plaintiff was again arrested by police officers who failed to introduce themselves or inform him of his rights, violating both the substantive and procedural components of his constitutional liberty. The arrest was triggered by compla…
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Malgas and Others v Minister of Justice and Correctional Services (A147/2024) [2024] ZAGPPHC 1222 (25 November 2024)
The court held that the appellants' claims had not prescribed because the cause of action only arose upon their release from custody after the Constitutional Court set aside their convictions and sentences. The delay in serving the section 3 notice by the second and third appellants was minimal and did not prejudice the Minister, who had sufficient time to investigate the claims. The condonation application was competent and should have been granted, as the Minister only raised non-compliance shortly before trial. The Rule 30 application by the Minister was out of time and academic, as he had…
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Bheme and Another v Minister of Police (15/43294) [2024] ZAGPJHC 791 (20 August 2024)
The court found that the plaintiffs' versions were fraught with material contradictions and improbabilities, particularly regarding their alleged locations at the time of arrest and their involvement in the protest action. The documentary evidence and the testimony of Sergeant Mooka were preferred, as they were consistent, credible, and supported by probabilities. The court held that the arresting officer had reasonable suspicion to arrest the first plaintiff for public violence, satisfying the jurisdictional requirements under section 40(1) of the Criminal Procedure Act. Although the officer…
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Dlamini v Ntuli and Others (D4845/2015) [2024] ZAKZDHC 46; [2024] 3 All SA 826 (KZD) (19 July 2024)
The court found that the plaintiff's arrest was unlawful as there was no reasonable suspicion based on credible evidence that she had committed murder. The available evidence at the time of arrest pointed to suicide, not homicide, and the arresting officer failed to exercise the necessary caution and did not await forensic results that could have clarified the cause of death. The subsequent detention was also unlawful, as it flowed from the unlawful arrest. The police failed to disclose exculpatory gunshot residue evidence that would have exonerated the plaintiff, resulting in her prolonged d…
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Ntombela v Minister of Police (23541-2018) [2024] ZAGPJHC 294 (22 March 2024)
The High Court upheld a special plea against a wrongful arrest and detention claim because the plaintiff failed to apply for condonation for late statutory notice.
Malgas and Another v Minister of Justice and Correctional Services (Special plea) (73418/2016) [2024] ZAGPPHC 182 (15 February 2024)
The High Court dismissed a prescription special plea in a wrongful detention claim, holding the plaintiffs’ cause of action was complete only when their convictions were set aside in 2015.
Mulaudzi v Minister of Safety and Security and Others (1088/2016; 1700/2019) [2024] ZALMPTHC 23 (14 February 2024)
The court found that the NDPP had reasonable and probable cause to prosecute the plaintiffs based on the evidence available at the time, including extra-curial statements implicating both plaintiffs. The prosecution was not actuated by malice, and the plaintiffs failed to establish the necessary elements for malicious prosecution. The deprivation of liberty before first appearance was due to police arrest, not the NDPP's conduct. Detention after conviction and sentencing resulted from judicial acts, breaking the chain of causation. The overturning of convictions by the SCA was based on the we…
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Dikwidi v Minister of Police and Another (292/2021) [2023] ZANCHC 87 (30 November 2023)
The court found that the plaintiff presented documents with material discrepancies and misrepresentations regarding the operating licence and permit, which amounted to fraud. The arresting officer, a peace officer, observed these discrepancies directly and was entitled to arrest without a warrant under section 40(1)(a) of the Criminal Procedure Act. The officer exercised discretion rationally, as evidenced by his testimony and the prevalence of fraudulent activities in the taxi industry. The plaintiff failed to testify or rebut the prima facie case of fraud. The State suffered prejudice due t…
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