Minister of Law and Order v Kader (275/89) [1990] ZASCA 111; 1991 (1) SA 41 (AD); [1991] 1 All SA 256 (A) (27 September 1990)

Minister of Law and Order v Kader (275/89) [1990] ZASCA 111; 1991 (1) SA 41 (AD); [1991] 1 All SA 256 (A) (27 September 1990)

The Supreme Court of Appeal held that the respondent's arrest was lawful under section 40(1)(b) of the Criminal Procedure Act, as the arresting officer reasonably suspected him of contravening section 54 of the Internal Security Act. The respondent was sufficiently informed of the cause of his arrest, given his prior cooperation and knowledge of the investigation. The magistrate's order for further detention under section 50(1) of the Criminal Procedure Act was lawful and did not require the prior institution of a prosecution or written authority from the attorney-general under section 64 of the Internal Security Act. Proceedings under section 50(1) are preliminary and serve to secure the...

Citation
[1990] ZASCA 111
Parties
Appellant: Minister of Law and Order; Respondent: Abdul Aziz Kader
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 September 1990
Case Number
275/89
Procedural Posture
Civil Appeal / Appeal From Cape Provincial Division, Urgent Application for Release From Detention
Outcome
Appeal upheld; respondent's application dismissed with costs.
Judges
E M Grosskopf, Hoexter, Steyn, Kumleben, F H Grosskopf
Legal Topics
Lawful Arrest, Detention, Internal Security Act, Criminal Procedure Act, Onus of Proof
Criminal Law Civil Procedure Lawful Arrest Detention Internal Security Act Criminal Procedure Act Onus of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Minister of Law and Order

Appellant

Abdul Aziz Kader

Respondent

Procedural Posture

Civil Appeal / Appeal From Cape Provincial Division, Urgent Application for Release From Detention

Legal Issues

  1. 1 Whether the respondent's arrest and subsequent detention were lawful under the Criminal Procedure Act and Internal Security Act.
  2. 2 Whether the absence of written authority from the attorney-general under section 64 of the Internal Security Act rendered the detention unlawful.
  3. 3 Whether the magistrate's order for further detention under section 50(1) of the Criminal Procedure Act required a valid prosecution to have been instituted.

Ratio Decidendi

The Supreme Court of Appeal held that the respondent's arrest was lawful under section 40(1)(b) of the Criminal Procedure Act, as the arresting officer reasonably suspected him of contravening section 54 of the Internal Security Act. The respondent was sufficiently informed of the cause of his arrest, given his prior cooperation and knowledge of the investigation. The magistrate's order for further detention under section 50(1) of the Criminal Procedure Act was lawful and did not require the prior institution of a prosecution or written authority from the attorney-general under section 64 of the Internal Security Act. Proceedings under section 50(1) are preliminary and serve to secure the...

Court Disposition

Appeal upheld; respondent's application dismissed with costs.

Orders

  • The appeal succeeds with costs, including the costs of two counsel.
  • The order of the court a quo is altered to read: The application is dismissed with costs.