Your first month for R1 Then your plan price. Cancel any time.
Start free
Case law by topic

Judgments on unlawful arrest

19 judgments on file that touch unlawful arrest, newest first, each with the court's own file.

Handed downJudgmentCourt
29 Sep 2026 Mabunda v The State[2026] ZASCA 127 · Section 17(2)(f) of the Superior Courts Act of 2013 – reconsideration of a refusal of leave to appeal – threshold of grave failure of justic... Supreme Court of Appeal
29 Sep 2026 Seetseng v Minister of Police and Another[2026] ZASCA 128 · Delict – unlawful arrest and detention – liability for subsequent detention – effect of declaration of unlawfulness – different parties may... Supreme Court of Appeal
21 Aug 2026 Chetane v The Minister of Police and Another (4822025)[2026] ZASCA 110 · Delict – criminal procedure – unlawful arrest and detention in terms of s 40(1)(b) of the CPA – malicious prosecution – whether the appellan... Supreme Court of Appeal
29 Jun 2026 Minister of Police v Khedama[2026] ZACC 27 · Prescribed Rate of Interest Act 55 of 1975 — unliquidated debt — general damages— monetary unliquidated damages Constitutional Court
14 Apr 2026 Lizelle Schreuder N O v Minister of Police and Others[2026] ZASCA 52 · Delict – unlawful arrest and detention – Child Justice Act of 2008 – minor arrested and detained as adult – absence of knowledge of minority... Supreme Court of Appeal
7 Apr 2026 Koopman v Minister of Police[2026] ZASCA 45 · Security for costs – Rule 49(13) of the Uniform Rules of Court – Rule of the Rules of the Supreme Court of Appeal – single judge of the high... Supreme Court of Appeal
7 May 2025 Nakana v Claassens & Others[2025] ZASCA 52 · Criminal law – malicious prosecution – whether the Supreme Court of Appeal (the SCA) may interfere with the order of the Limpopo Division of... Supreme Court of Appeal
11 Oct 2024 Minister of Police v Nontsele[2024] ZASCA 137 · Appeals – whether the court may consider a cross-appeal in the absence of an application for leave to cross-appeal. Delict – damages for mal... Supreme Court of Appeal
6 May 2024 Minister of Police v Miya[2024] ZASCA 71 Supreme Court of Appeal
3 May 2024 Ntoni Jacob Hlape v The Minister of Police[2024] ZASCA 68 · Civil procedure – unlawful arrest and detention – whether the arrest and detention of appellant was unlawful – whether respondent was liable... Supreme Court of Appeal
27 Mar 2024 Syce and Another v Minister of Police[2024] ZASCA 30 · Application for special leave to appeal – referred for oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2013 – discretion... Supreme Court of Appeal
14 Nov 2023 MC Olesitse N.O. v The Minister of Police[2023] ZACC 35 · Application of the “once and for all” common law rule –– applicable to only one cause of action and not to more than one cause of action ––... Constitutional Court
14 Nov 2023 Robert Andrew Groves v The Minister of Police and Another[2023] ZACC 36 · Section 43 of the Criminal Procedure Act discretion – warrant of arrest – discretion of arresting officer Constitutional Court
3 May 2023 Minister of Police v Gqamane[2023] ZASCA 61 · Civil procedure – unlawful arrest and detention – arrest in terms of ss 40(1)(b) and 40 (1)(q) of Criminal Procedure Act of 1977 – assault w... Supreme Court of Appeal
15 Jul 2022 Minister of Police and Others v Samuel Molokwane[2022] ZASCA 111 · Civil Procedure – s 2(2) of State Liability Act of 1957 –– whether failure to serve summons against Minister of Police on State Attorney nul... Supreme Court of Appeal
14 Apr 2021 JE Mahlangu and Another v The Minister of Police[2021] ZACC 10 · Delict — Judicial detention — damages — inadmissible confession induced by assault extracted by police from accused person — liability of th... Constitutional Court
22 Aug 2019 De Klerk v Minister of Police[2019] ZACC 32 · Delict — unlawful detention — legal causation — unlawful remand Constitutional Court
1 Jun 2018 Minister of Police and another v Zweni[2018] ZASCA 97 Supreme Court of Appeal
6 Sep 2017 185.47 KB Criminal Law and procedure — damages — Unlawful arrest and detention — appeal against judgment awarding damages for unlawful arrest and detention of the respondent — whether or not the appellant’s servant had the requisite suspicion to arrest and detain the respondent — periods of detention before and after first appearance in court to be separately considered — claim for detention after first appearance neither pleaded nor established — appeal upheld. Mgwenya v Kruger[2017] ZASCA 102 · Section 16(2)(a)(i) and (ii) of the Superior Courts Act of 2013 – judgment or order sought on appeal would have no practical effect or resul... Supreme Court of Appeal

A judgment is listed here when the court's own summary or its title uses the term; it is a finding aid, not a headnote. All topics.