Mashilo and Another v Prinsloo (576/11) [2012] ZASCA 146; 2013 (2) SACR 648 (SCA) (28 September 2012)

Mashilo and Another v Prinsloo (576/11) [2012] ZASCA 146; 2013 (2) SACR 648 (SCA) (28 September 2012)

The Supreme Court of Appeal held that s 50(1)(d) of the Criminal Procedure Act does not entitle police to detain an arrested person for the full 48 hours as a matter of course. The section requires that an arrested person be brought before court as soon as is reasonably possible, and the 48-hour period is a maximum, not a minimum. The extension of the 48-hour period applies only if it expires outside ordinary court hours or on a non-court day, but even then, the standard of reasonable expedition applies. The court found that the costs order against Mashilo was an obvious error, as the respondent had abandoned his prayer for costs against him. The appeal was upheld, and the costs order set...

Citation
[2012] ZASCA 146
Parties
Appellant: Raditshego Godfrey Mashilo; Appellant: Minister of Police; Respondent: Jacobus Michael Prinsloo
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 September 2012
Case Number
576/11
Procedural Posture
Leave to Appeal / Appeal From North Gauteng High Court, Pretoria
Outcome
Appeal upheld; costs order against Mashilo set aside; no order as to costs.
Judges
Mpati, Navsa, Nugent, Tshiqi, Theron
Legal Topics
Detention Before Trial, Interpretation of Criminal Procedure Act, Constitutional Rights of Arrested Persons, Bail Application, Costs Orders
Criminal Law Civil Procedure Detention Before Trial Interpretation of Criminal Procedure Act Constitutional Rights of Arrested Persons Bail Application Costs Orders

Case Brief

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Parties

Raditshego Godfrey Mashilo

Appellant

Minister of Police

Appellant

Jacobus Michael Prinsloo

Respondent

Procedural Posture

Leave to Appeal / Appeal From North Gauteng High Court, Pretoria

Legal Issues

  1. 1 Whether s 50(1)(d) of the Criminal Procedure Act entitles police to detain an arrested person for the full 48 hours before bringing them to court.
  2. 2 Whether the extension of the 48-hour period applies when it expires outside ordinary court hours or on a non-court day.
  3. 3 Whether the costs order against Mashilo was correctly granted.

Ratio Decidendi

The Supreme Court of Appeal held that s 50(1)(d) of the Criminal Procedure Act does not entitle police to detain an arrested person for the full 48 hours as a matter of course. The section requires that an arrested person be brought before court as soon as is reasonably possible, and the 48-hour period is a maximum, not a minimum. The extension of the 48-hour period applies only if it expires outside ordinary court hours or on a non-court day, but even then, the standard of reasonable expedition applies. The court found that the costs order against Mashilo was an obvious error, as the respondent had abandoned his prayer for costs against him. The appeal was upheld, and the costs order set...

Court Disposition

Appeal upheld; costs order against Mashilo set aside; no order as to costs.

Orders

  • Leave to appeal to this court is granted.
  • The appeal is upheld.