De Lange and Another v Minister of Police (31026/2016, 31027/2016) [2017] ZAGPPHC 1062 (1 September 2017)

De Lange and Another v Minister of Police (31026/2016, 31027/2016) [2017] ZAGPPHC 1062 (1 September 2017)

The court found that the plaintiffs were arrested and detained by members of the South African Police Services without a warrant and without being informed of the reason for their arrest, as required by statute. The evidence did not establish that the arresting officers had personal knowledge that an offence had been committed in their presence, nor did they make a proper decision to arrest. The plastic bag found near the plaintiffs was not conclusively linked to them, and the circumstances did not justify a reasonable belief of possession. The defendant failed to discharge the onus of proving the lawfulness of the arrest under section 40(1)(a) of the Criminal Procedure Act. Consequently,...

Citation
[2017] ZAGPPHC 1062
Parties
Plaintiff: Alec De Lange; Plaintiff: Roedolf Petrus Grabie; Defendant: The Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 September 2017
Case Number
31026/2016, 31027/2016
Procedural Posture
Civil Trial / Merits Only
Outcome
Plaintiffs' arrest and detention were declared unlawful. Costs awarded to plaintiffs.
Judges
J.J.C. Swanepoel
Legal Topics
Unlawful Arrest, Unlawful Detention, Onus of Proof, Section 40 Criminal Procedure Act, Prima Facie Case
Criminal Law Civil Procedure Unlawful Arrest Unlawful Detention Onus of Proof Section 40 Criminal Procedure Act Prima Facie Case

Case Brief

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Parties

Alec De Lange

Plaintiff

Roedolf Petrus Grabie

Plaintiff

The Minister of Police

Defendant

Procedural Posture

Civil Trial / Merits Only

Legal Issues

  1. 1 Whether the arrest of the plaintiffs on 24 July 2015 was lawful.
  2. 2 Whether the subsequent detention of the plaintiffs until 27 July 2015 was lawful.
  3. 3 Whether the defendant discharged the onus to prove the lawfulness of the arrest.

Ratio Decidendi

The court found that the plaintiffs were arrested and detained by members of the South African Police Services without a warrant and without being informed of the reason for their arrest, as required by statute. The evidence did not establish that the arresting officers had personal knowledge that an offence had been committed in their presence, nor did they make a proper decision to arrest. The plastic bag found near the plaintiffs was not conclusively linked to them, and the circumstances did not justify a reasonable belief of possession. The defendant failed to discharge the onus of proving the lawfulness of the arrest under section 40(1)(a) of the Criminal Procedure Act. Consequently,...

Court Disposition

Plaintiffs' arrest and detention were declared unlawful. Costs awarded to plaintiffs.

Orders

  • The arrest of the plaintiffs on 24 July 2015, and their detention until 27 July 2015 is found to have been unlawful.
  • Defendant shall pay the costs of the action to date.