Jilingisi v Minister of Police and Another

Mr Mzukiseni Jilingisi was arrested without a warrant on 29 May 2021 by members of the South African Police Service while attending a funeral, in connection with the murder of Mr Nguye Winas Ngcora. The arrest was based primarily on a confession by a co-accused, Samkelo Mqetheba, who implicated the plaintiff. The plaintiff was detained until 24 June 2021, when he was released on bail. He continued to appear in court until charges against him were withdrawn on 9 December 2021 due to insufficient evidence. The plaintiff alleged that his arrest and detention were unlawful and that his prosecution was malicious, causing humiliation, loss of dignity, and harm.

The first defendant was held liable for damages arising from the plaintiff’s unlawful arrest and detention from 29 May to 24 June 2021. The second defendant was held liable for damages arising from the plaintiff’s malicious prosecution from 1 June to 9 December 2021. Both defendants were ordered to pay the plaintiff’s costs, and the determination of quantum was postponed.

The judgment reinforces constitutional and delictual protections against arbitrary arrest, detention, and prosecution. It clarifies that reasonable suspicion does not automatically justify arrest and that police officers must properly exercise discretion and pursue less invasive investigative measures where appropriate. The case also affirms that withdrawal of charges for insufficient evidence constitutes termination in favour of the accused for purposes of malicious prosecution, and that prosecutors may be held liable where they act without reasonable and probable cause.