Kganakga and Others v Minister of Police (3390/2016; 1636/2016)
Kganakga and Others v Minister of Police (3390/2016; 1636/2016) [2024] ZALMPPHC 59 (7 June 2024)
The court found that the police had reasonable suspicion to arrest the first and third plaintiffs based on information from an informer, CCTV footage, and identification by victims. The police acted on credible information that a crime had been committed and another was imminent, and the vehicle used matched the description provided. The discretion to arrest was exercised reasonably under Section 40(1)(b) of the Criminal Procedure Act. Contradictions in the plaintiffs' evidence undermined their claims of inhuman treatment. The second plaintiff was mistakenly arrested and released within 24 ho…
Source excerpt
- Unlawful Arrest
- Reasonable Suspicion
- Damages For Unlawful Detention
- Identification Parade
- Section 40 Criminal Procedure Act
- Compensation For Wrongful Arrest