Minister van Veiligheid en Sekuriteit v Rautenbach (368/95) [1996] ZASCA 11 (13 March 1996)

Minister van Veiligheid en Sekuriteit v Rautenbach (368/95) [1996] ZASCA 11 (13 March 1996)

The Supreme Court of Appeal held that Sergeant Lerm's arrest of the respondent was unlawful because he failed to provide a copy of the arrest warrant upon request, as required by section 39(2) of the Criminal Procedure Act. The court found that the statutory requirement is strict and must be complied with at the...

Source-derived case information.

Citation
[1996] ZASCA 11
Parties
Appellant: Minister van Veiligheid en Sekuriteit; Respondent: Jacobus Albertus Rautenbach
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Case Number
368/95
Procedural Posture
Civil Appeal / Appeal From the Witwatersrand Local Division on Liability for Damages, Separate From Quantum.
Outcome
Appeal dismissed with costs.
Judges
Botha, Nestadt, Vivier, Howie, Plewman
Legal Topics
Unlawful Arrest, Statutory Interpretation, Damages for Personal Injury, Police Liability
Delict Civil Procedure Unlawful Arrest Statutory Interpretation Damages for Personal Injury Police Liability

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Parties

Minister van Veiligheid en Sekuriteit

Appellant

Jacobus Albertus Rautenbach

Respondent

Procedural Posture

Civil Appeal / Appeal From the Witwatersrand Local Division on Liability for Damages, Separate From Quantum.

  1. 1 Was the arrest of the respondent by Sergeant Lerm lawful under section 39(2) of the Criminal Procedure Act 51 of 1977?
  2. 2 Did the failure to provide a copy of the arrest warrant upon request render the arrest and subsequent detention unlawful?
  3. 3 Was the shooting of the respondent by the police officer justified in the circumstances?

Ratio Decidendi

The Supreme Court of Appeal held that Sergeant Lerm's arrest of the respondent was unlawful because he failed to provide a copy of the arrest warrant upon request, as required by section 39(2) of the Criminal Procedure Act. The court found that the statutory requirement is strict and must be complied with at the time of arrest or immediately thereafter. The subsequent detention and use of force to prevent escape were also unlawful, as they were predicated on an invalid arrest. The appeal was dismissed, and the respondent was entitled to damages and costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • The order of the court a quo declaring the arrest and shooting unlawful is confirmed.