Minister of Law and Order v Thandani (660/89) [1991] ZASCA 123; 1991 (4) SA 862 (AD); [1991] 4 All SA 905 (A) (26 September 1991)

Minister of Law and Order v Thandani (660/89) [1991] ZASCA 123; 1991 (4) SA 862 (AD); [1991] 4 All SA 905 (A) (26 September 1991)

The Supreme Court of Appeal held that the appellant was liable for the respondent's detention in the Ciskei because the unlawful arrest and handing over by the South African Police directly resulted in the respondent's prolonged detention. The evidence established that the police acted knowingly in breach of South...

Source-derived case information.

Citation
[1991] ZASCA 123
Parties
Appellant: Minister of Law and Order; Respondent: David Mthuzimele Thandani
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 September 1991
Case Number
660/89
Procedural Posture
Civil Appeal / Appeal From East London Circuit Local Division
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Joubert, Hefer, Vivier, Milne, Kriegler
Legal Topics
Unlawful Arrest, Unlawful Detention, Liability for Foreign Detention, Extradition Agreement Breach
Delict Civil Procedure Unlawful Arrest Unlawful Detention Liability for Foreign Detention Extradition Agreement Breach

Source-derived case record

Summary, issues, holding and outcome

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Parties

Minister of Law and Order

Appellant

David Mthuzimele Thandani

Respondent

Procedural Posture

Civil Appeal / Appeal From East London Circuit Local Division

Legal Issues

  1. 1 Whether the appellant is liable for the respondent's detention in the Ciskei following unlawful arrest and handing over by South African Police.
  2. 2 Whether the respondent's detention in the Ciskei was lawful.
  3. 3 Whether the actions of the South African Police breached South African law and the extradition agreement.

Ratio Decidendi

The Supreme Court of Appeal held that the appellant was liable for the respondent's detention in the Ciskei because the unlawful arrest and handing over by the South African Police directly resulted in the respondent's prolonged detention. The evidence established that the police acted knowingly in breach of South African law and the extradition agreement, and that but for their actions, the Ciskei Police would not have been able to detain the respondent. The respondent's claim was based on a single delict, and the court found that the appellant's servants were responsible for the entire period of detention. The court further condemned the conduct of the police in deliberately...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including costs of two counsel.