Case Law

Date judgment was handed down Court Parties Summary
2nd October 2015 The Supreme Court of Appeal, South Africa Naidoo v Minister of Police (20431/2014) [2015] ZASCA 152 Negligence in duty of care - Police conduct in breach of Domestic Violence Act.  Plaintiff arrested while seeking assistance from the police under the Domestic Violence Act.  Plaintiff suffering further victimisation when requesting assistance from the police.

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15 May 2012 The High Court of South Africa, Eastern Cape Division, East London King v Minister of Police (EL: 801/10, ECD: 1701/10) [2012] ZAECELLC 8 Plaintiff assaulted by court orderly (policeman) in a public court in view of the press.  Photographs of her assault appearing in the newspaper.

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17 February 2015 The High Court of South Africa, Gauteng Local Division, Johannesburg Mofokeng and Another v Minister of Police (2014/ A3084) [2015] ZAGPJHC 30 Appeal against quantum awarded in respect of wrongful arrest.

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11 September 2014 The Supreme Court of Appeal of South Africa W v Minister of Police (92/2012) [2014] ZASCA 108; [2015] 1 All SA 68 (SCA); 2015 (1) SACR 409 (SCA) Investigating officer negligently misrepresenting strength of state of State case against Plaintiff at bail hearing causing bail to be refused and subsequent detention.  Breach by investigating officer of public law duty not to violate Plaintiff’s right to freedom.  Defendant liable to compensate Plaintiff.

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