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Delict [2007] ZANCHC 71

Motswana v MEC for Safety and Security (CA&R 147/2005)

Motswana v MEC for Safety and Security (CA&R 147/2005) [2007] ZANCHC 71; 2008 (1) SACR 404 (NC) (28 September 2007)

The court found that the police officer, Van Niekerk, was not justified in using a police dog to apprehend the appellant. Although the appellant resisted arrest and attempted to flee, there were other police officers present who could have assisted in effecting the arrest with less risk of injury. The officer deliberately chose to use the dog, knowing its aggressive nature and the likelihood of serious injury, rather than calling for assistance. The use of the dog was not the least injurious means available and thus failed the test of reasonable necessity and proportionality under section 49(…

  • Use Of Force In Arrest
  • Police Dog Attack
  • Section 49 Criminal Procedure Act
  • Constitutional Rights Dignity
  • Onus Of Proof
  • Minimum Force
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