Coe v Minister of Safety and Security and Others (627/2011) [2011] ZAWCHC 117 (20 January 2011)
The court found that the applicant's arrest was conducted in an unnecessarily embarrassing manner and was based on unbecoming police conduct. The urgency of the application was justified by the circumstances, and the applicant's attorney's expertise prevented more severe consequences. The rule nisi was discharged as...
Source-derived case information.
- Citation
- [2011] ZAWCHC 117
- Parties
- Applicant: Nizaam Coe; Respondent: The Minister of Safety and Security; Respondent: The National Commissioner of Police; Respondent: The Provincial Commissioner of Police: Western Cape; Respondent: The Station Commander: Claremont Police Station
- Court
- Western Cape High Court, Cape Town
- Jurisdiction
- South Africa
- Case Number
- 627/2011
- Procedural Posture
- Urgent Application / Rule Nisi Discharge and Costs Order
- Outcome
- Rule discharged; costs awarded to applicant; proceedings referred for further investigation.
- Judges
- Desai
- Legal Topics
- Urgent Interdict, Abuse of Police Power, Arrest and Detention, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nizaam Coe
Applicant
The Minister of Safety and Security
Respondent
The National Commissioner of Police
Respondent
The Provincial Commissioner of Police: Western Cape
Respondent
The Station Commander: Claremont Police Station
Respondent
Procedural Posture
Urgent Application / Rule Nisi Discharge and Costs Order
Legal Issues
- 1 Whether the applicant's arrest was lawful and justified under the circumstances.
- 2 Whether the conduct of the police officers amounted to abuse of power or gross arrogance.
- 3 Whether the applicant is entitled to costs due to the police conduct and the urgency of the application.
Ratio Decidendi
The court found that the applicant's arrest was conducted in an unnecessarily embarrassing manner and was based on unbecoming police conduct. The urgency of the application was justified by the circumstances, and the applicant's attorney's expertise prevented more severe consequences. The rule nisi was discharged as the charge had been joined to other charges in a different charge sheet, rendering the order unnecessary. Due to the police misconduct and the costs incurred by the applicant, the respondents were ordered to pay the applicant's taxed or agreed costs, with the proceedings to be referred to the Commissioner of Police for further investigation.
Court Disposition
Rule discharged; costs awarded to applicant; proceedings referred for further investigation.
Orders
- The rule in this matter is discharged.
- The respondents are ordered to pay the taxed or agreed costs of the applicant, the one paying, the others to be absolved.
Full Case Text
Judgment text and source record
32 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)
CASE NO: 627/2011
DATE: 20 JANUARY 2011
In the matter between:
NIZAAM COE ….....................................................................................................Applicant
and
THE MINISTER OF SAFETY AND
SECURITY …................................................................................1st Repondent
THE NATIONAL COMMISSIONER OF
POLICE ….................................................................................2nd Respondent
THE PROVINCIAL COMMISSIONER OF
POLICE: WESTERN CAPE …........................................................3rd Respondent
THE STATION COMMANDER:
CLAREMONT POLICE STATION …................................................4th Respondent
JUDGMENT DESAI, J: This appears to be a business dispute which has resulted in accusations of criminal conduct and, ultimately, criminal charges. What causes considerable concern herein, is the apparent abuse of power by certain local police officers. That abuse, or at the best for them gross arrogance, has resulted in the respondents, in effect the tax payer, having to foot the costs of these proceedings.
JUDGMENT
DESAI, J:
This appears to be a business dispute which has resulted in accusations of criminal conduct and, ultimately, criminal charges. What causes considerable concern herein, is the apparent abuse of power by certain local police officers. That abuse, or at the best for them gross arrogance, has resulted in the respondents, in effect the tax payer, having to foot the costs of these proceedings.
Moreover, a judge had to be summoned on an urgent basis on a Friday, that is 14 January 2011, at eleven o'clock the night, that is 23:00, to deal with this matter on an urgent basis. Had it not been for the expertise and persistence of applicant's attorney, Mr Mushtak Parker, the consequences would have been considerably more severe for the applicant. The applicant himself was arrested in unnecessarily embarrassing circumstances at a holiday resort. All of this based upon rather
unbecoming police conduct. It is not necessary to make this order final, because at this stage the charge has been joined onto other charges in another charge sheet. In effect this rule is no longer strictly necessary. As a consequence of the enormous costs that were sustained by the applicant to get himself out on Friday in circumstances where he should not have been arrested in the first place and, the Court notes with disapproval, the apparent misconduct of the police
officers concerned, it is directed that these proceedings in their entirety be typed and presented to the Commissioner or Acting
Commissioner of the Police, Western Cape, for further investigation. The rule in this matter is discharged and the respondents are ordered to pay the taxed or agreed costs of the applicant, the one paying, the others to be absolved. DESAI, J
Moreover, a judge had to be summoned on an urgent basis on a Friday, that is 14 January 2011, at eleven o'clock the night, that is 23:00, to deal with this matter on an urgent basis. Had it not been for the expertise and persistence of applicant's attorney, Mr Mushtak Parker, the consequences would have been considerably more severe for the applicant.
The applicant himself was arrested in unnecessarily embarrassing circumstances at a holiday resort. All of this based upon rather
unbecoming police conduct.
It is not necessary to make this order final, because at this stage the charge has been joined onto other charges in another charge sheet. In effect this rule is no longer strictly necessary.
As a consequence of the enormous costs that were sustained by the applicant to get himself out on Friday in circumstances where he should not have been arrested in the first place and, the Court notes with disapproval, the apparent misconduct of the police
officers concerned, it is directed that these proceedings in their entirety be typed and presented to the Commissioner or Acting
Commissioner of the Police, Western Cape, for further investigation.
The rule in this matter is discharged and the respondents are ordered to pay the taxed or agreed costs of the applicant, the one paying, the others to be absolved.
DESAI, J