Minister of Safety and Security v Van der Walt

The respondents were arrested on 26 May 2004 pursuant to warrants arising from criminal complaints linked to a property dispute. During their first court appearance, a charge of armed robbery (a Schedule 6 offence) was incorrectly reflected on a bail form, although it did not appear on the charge sheet and had no factual basis. As a result, bail was refused and the respondents were detained until 1 June 2004, when bail was eventually granted. The investigating officer, Inspector Phoshoko, was present in court but failed to correct the error. The magistrate ignored attempts by the respondents and their attorney to clarify the mistake. The respondents sued the Minister of Safety and Security, the Minister of Justice, the investigating officer, and the complainant for unlawful detention.

The appeal by the Minister of Safety and Security was upheld in part, with damages reduced to R120 000 per respondent plus interest and costs. The appeal by the Minister of Justice was upheld and the claim against him dismissed, with each party to pay their own costs in respect of that appeal.

The case affirms that while the state may be vicariously liable for unlawful detention caused by negligent police conduct, magistrates enjoy immunity from delictual liability for negligence in the exercise of judicial functions. It clarifies that this immunity also precludes vicarious liability of the Minister of Justice, reinforcing judicial independence in South African law.