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Cited for the principle that it is not obligatory that all joint wrongdoers be sued in the same action.
Cited for the principle that public policy considerations in contract law are grounded in the Constitution and its values.
Cited for the principle that it is not ordinarily in the interests of justice for a court to sit as a court of first and last instance.
Cited for the principle that legal causation involves a flexible test that may consider a myriad of factors.
Cited as a case where the decisive consideration was that the investigating officer knew the appellant would appear in a reception court where the matter would…
Cited alongside Van der Walt to support the submission that the appellant's detention without bail opportunity could have engaged the Minister of Justice…
The Supreme Court of Appeal granted leave to appeal and upheld the appeal with costs. The majority (Shongwe ADP, with Majiedt JA and Hughes AJA concurring)…
The court applies this decision's principle that deprivation of liberty through arrest and detention is per se prima facie unlawful and that a remand order…
Cited for the principle that no costs order is warranted in constitutional matters in the public interest.
Cited for the principle that parties cannot be prejudiced where a legal issue is dealt with by a court even if not expressly raised if the facts are undisputed.
Cited for the principle that wrongfulness is based on the duty not to cause harm and questions the reasonableness of imposing liability.
Cited for the principle that wrongfulness is determined with reference to the policy and legal convictions of the community, constitutionally understood.
Cited for the principle that causation comprises a factual and legal component, and that in appropriate cases the 'but-for' test should be relaxed.
Cited for the principle that remoteness operates along with wrongfulness as a measure of judicial control regarding the imposition of delictual liability; also…
Cited for the principle that remoteness operates as a 'longstop' where the imposition of liability would be regarded as untenable.
Cited for the principle that wrongfulness questions the reasonableness of imposing liability based on policy and legal convictions of the community,…
Cited for the principle that public policy considerations in wrongfulness in delict are grounded in the Constitution and its values.
Cited for recent endorsement of Constitutional Principle VI on separation of powers with appropriate checks and balances.
Cited to confirm that the distinction between unlawful and malicious deprivation of liberty has not been questioned under the Constitution.
Cited for the principle that the intervention of a court when a person is detained forms an integral part of the safeguards guaranteed to detained persons by…
Cited for the principle that the supremacy of the Constitution and the rule of law are foundational values that should inform public policy.
Cited for the principle that legal causation involves a flexible test and that public policy considerations are grounded in the Constitution and its values.
Cited as a comparison regarding whether this Court should determine quantum or remit the matter to the High Court.
Cited for the principle that where a magistrate does not apply their mind to the question of bail and simply mechanistically remands an accused, the police can…
Cited to support the proposition that while the purpose of arrest is to bring the suspect to trial, the arrestor has a limited role in that process and is not…
Distinguished because in that case there was no judgment on quantum by the High Court or Full Court, whereas here all three courts were asked to decide quantum.
Cited for the principle that if, but for a wrongdoer's conduct, the harm would probably not have been suffered by a claimant, then the conduct factually caused…
Cited for the principle that it is in the interests of justice for leave to appeal to be granted where a matter has substantial impact on the public interest.
Cited for the principle that the purpose of pleadings is to define the issues for the Court and other parties to the proceedings.
Cited for the principle that it is not ordinarily in the interests of justice for a court to sit as a court of first and last instance.
Cited for the principle that the function of legal causation is to ensure that liability on the part of the wrongdoer does not extend indeterminately and that…
Cited for the principle that magistrates and prosecutors currently enjoy protection for good faith execution of their functions as judicial officers.
Cited for the general elements of a delict: wrongful, culpable conduct that factually causes harm that is not too remote.
Cited for the principle that arguable points of law of general public importance ought to be considered by the Constitutional Court.
Cited for the principle that the supremacy of the Constitution and the rule of law are foundational values that should inform public policy.
All five judges unanimously found the arrest unlawful. The majority (Shongwe ADP, Majiedt JA, Hughes AJA) held the Minister liable only for the two-hour…
Cited for the principle that magistrates and prosecutors currently enjoy protection for good faith execution of their functions as judicial officers.
Cited for endorsement of Constitutional Principle VI on separation of powers with appropriate checks and balances.
Cited for the principle that causation comprises a factual and legal component.
Cited for the principle that remoteness operates as a 'longstop' where the imposition of liability would be regarded as untenable.
Cited for the principle that a remand order by a Magistrate does not necessarily render subsequent detention lawful and that the manner in which the remand…
De Klerk is distinguished on the facts; although it also found the Minister liable for post-appearance detention, the police conduct in the present case was…
Cited for the confirmation of the definition of causation.
Applied for the test of legal causation and whether a remand order by a Magistrate breaks the causal chain; court found that when the arresting officer…
The court approves the Constitutional Court's confirmation in De Klerk that a plaintiff in an unlawful arrest claim need only prove intentional deprivation of…
Court applies the principle that the decisive consideration for police liability for post-hearing detention is whether the investigating officer knew that the…
The court applies this case regarding costs, holding that a plaintiff is justified in approaching the high court for unlawful deprivation of liberty matters…
Applied extensively for the principles regarding liability of police for post-court appearance detention, including that once the arresting officer brings the…
Cited to refer to the dictum in Zealand concerning the burden of proof in cases involving deprivation of liberty.
Cited for the challenges in determining legal causation and the role of public policy infused with constitutional values.
Cited to explain the relationship between legal causation and wrongfulness and the application of public policy considerations infused with constitutional…
This Court applied De Klerk to confirm the flexible approach to the test for factual causation endorsed in Lee and endorsed by Mashongwa.
Cited for the principle that reliance on undisclosed experience without further investigating the kind of substance found is insufficient.
Court cites De Klerk for comparison of damages, where R300,000 was awarded for seven days' detention.
Applied for the principles determining whether a remand order by a magistrate breaks the chain of causation for police liability following an unlawful arrest.
The court cites this case regarding the meaning of 'reasonable suspicion' in the context of arrest and searches.