Browsing: Unlawful arrest

The North West High Court ruled that Thabiso Tlhone’s unlawful arrest and detention was based on hearsay and guesswork, holding the Minister of Police liable for damages.

Arresting a motorist for speeding without a warrant is unlawful and unconstitutional, with the Court confirming that speeding is not a Schedule 1 offence.

The Limpopo High Court has scrapped an unlawful arrest trial after ruling that a magistrate wrongly denied police the chance to testify, calling it “a gross irregularity” that violated the right to a fair hearing.

The North West High Court has awarded R40 000 to Emmanuel Obini, finding his overnight detention without charge was an unlawful arrest in South Africa.

A Kanyamazane woman wrongfully arrested while asking for water has been awarded R1.15 million. The court found police and prosecutors liable for her unlawful detention and malicious prosecution.

Detained in degrading conditions and prosecuted without evidence, Mfanafuthi Peter Ndimane’s journey from humiliation to justice culminated in a R1.5 million victory against the State.

In a ruling that reinforces accountability in the justice system, the SCA upheld the damages awarded to Khotso Ramabanta for unlawful arrest and prosecution, rejecting the NDPP’s reconsideration attempt.

The Northern Cape High Court has declared the 2019 arrest of Panana Moje unlawful, finding that police acted without reasonable grounds and failed to consider less intrusive alternatives.

The Free State High Court has dismissed the Minister of Police’s urgent application, ruling that the case was moot due to ongoing regional court proceedings.

The Supreme Court of Appeal has overturned a R15,000 damages award and ordered R50,000 compensation for Lend Mogapi’s unlawful arrest.