South Africa Case Law

Minister van Wet en Orde and Others v Dipper (721/91)

Minister van Wet en Orde and Others v Dipper (721/91) [1993] ZASCA 78; 1993 (3) SA 591 (AD); [1993] 4 All SA 674 (AD) ; [1993] 2 All SA 433 (A) (28 May 1993)

Court

Supreme Court of Appeal

Case number

721/91

Judges

Hoexter, Smalberger, Milne, Eksteen, Harms

The Supreme Court of Appeal held that section 60 of the Criminal Procedure Act entitles an accused in custody to apply for bail at any time, including before the expiry of the 48-hour period specified in section 50. The refusal by the police to bring the respondent before a magistrate for a bail application, despite a request from his attorney and the magistrate's readiness to hear the application, constituted unlawful deprivation of liberty. The court endorsed the interpretation in Twayie and Another v Minister of Justice and Another, confirming that 'first appearance' includes voluntary app…

Source excerpt

• Unlawful Detention
• Damages For Wrongful Arrest
• Bail Application Rights
• Interpretation Of Criminal Procedure Act