Phungula v Minister pf Police (AR 342/2017)
Phungula v Minister pf Police (AR 342/2017) [2018] ZAKZPHC 21 (8 June 2018)
The court found that the arresting officer, Constable Duma, did form a reasonable suspicion based on information from the docket and the appellant's mother's report, satisfying the jurisdictional requirements for a lawful arrest under section 40(1)(b) of the Criminal Procedure Act. The discretion to arrest was properly exercised given the circumstances, including the appellant's prior absconding and risk of further offences. However, after bail was paid and proof presented on 13 November 2015, the respondent failed to establish any lawful basis for continued detention. The onus to justify det…
Source excerpt
- Unlawful Arrest
- Unlawful Detention
- Damages For Wrongful Detention
- Section 12 Constitution
- Onus Of Proof
- Bail And Release