Jacobs v Minister of Safety and Security (CA 156/2007) [2008] ZAECHC 82 (9 June 2008)

Jacobs v Minister of Safety and Security (CA 156/2007) [2008] ZAECHC 82 (9 June 2008)

The court found that the arresting officer's uncontested evidence established that the appellant was both drunk and disorderly in a public street. The appellant staggered into the road in front of a moving vehicle, was unable to stand properly, smelt of liquor, had red eyes, and behaved in a loud, abusive, and insulting manner towards the police. The court held that this conduct satisfied the statutory requirements of being 'drunk and disorderly' under section 59(1)(d)(i) of the Eastern Cape Liquor Act. The respondent discharged the onus of proving the lawfulness of the arrest under section 40(1)(a) of the Criminal Procedure Act. The trial magistrate's findings were upheld, and the appeal...

Citation
[2008] ZAECHC 82
Parties
Appellant: Bradley Jacobs; Respondent: Minister of Safety and Security
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
9 June 2008
Case Number
CA 156/2007
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment
Outcome
Appeal dismissed with costs.
Judges
RJW Jones, HJ Liebenberg
Legal Topics
Wrongful Arrest, Unlawful Detention, Drunk and Disorderly, Arrest Without Warrant, Onus of Proof
Criminal Law Civil Procedure Wrongful Arrest Unlawful Detention Drunk and Disorderly Arrest Without Warrant Onus of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Bradley Jacobs

Appellant

Minister of Safety and Security

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment

Legal Issues

  1. 1 Whether the appellant's arrest and detention were wrongful and unlawful.
  2. 2 Whether the appellant's conduct constituted 'drunk and disorderly' within the meaning of section 59(1)(d)(i) of the Eastern Cape Liquor Act 10 of 2004.
  3. 3 Whether the respondent discharged the onus of proving that the arrest was lawful under section 40(1)(a) of the Criminal Procedure Act 51 of 1977.

Ratio Decidendi

The court found that the arresting officer's uncontested evidence established that the appellant was both drunk and disorderly in a public street. The appellant staggered into the road in front of a moving vehicle, was unable to stand properly, smelt of liquor, had red eyes, and behaved in a loud, abusive, and insulting manner towards the police. The court held that this conduct satisfied the statutory requirements of being 'drunk and disorderly' under section 59(1)(d)(i) of the Eastern Cape Liquor Act. The respondent discharged the onus of proving the lawfulness of the arrest under section 40(1)(a) of the Criminal Procedure Act. The trial magistrate's findings were upheld, and the appeal...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the costs of the appeal.