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South Africa Case Law

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Civil Procedure [2024] ZAECMKHC 79

Pieterse v Minister of Police and Another (CA192/2023)

Pieterse v Minister of Police and Another (CA192/2023) [2024] ZAECMKHC 79 (16 July 2024)

Court
Eastern Cape High Court, Makhanda
Case number
CA 192/2023
Judges
A M Bodlani, J Eksteen

The court found that the arresting officer had reasonable grounds for suspicion based on fingerprint evidence linking the appellant to a housebreaking offence, and the arrest was lawful under section 40(1)(b) of the Criminal Procedure Act. However, the first respondent failed to justify the delay in bringing the appellant before a court on 13 August 2018, rendering the detention from 13h00 on that day until his appearance on 14 August 2018 unlawful. Furthermore, the prosecutors misled the court regarding the appellant's criminal record profile, resulting in unjustified postponements and conti…

Source excerpt

  • Unlawful Arrest
  • Unlawful Detention
  • Damages For Wrongful Detention
  • Constitutional Rights Of Arrested Persons
  • Onus Of Justification
  • Bail Postponement
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Criminal Law [2012] ZASCA 146

Mashilo and Another v Prinsloo (576/11)

Mashilo and Another v Prinsloo (576/11) [2012] ZASCA 146; 2013 (2) SACR 648 (SCA) (28 September 2012)

Court
Supreme Court of Appeal
Case number
576/11
Judges
Mpati, Navsa, Nugent, Tshiqi, Theron

The Supreme Court of Appeal held that s 50(1)(d) of the Criminal Procedure Act does not entitle police to detain an arrested person for the full 48 hours as a matter of course. The section requires that an arrested person be brought before court as soon as is reasonably possible, and the 48-hour period is a maximum, not a minimum. The extension of the 48-hour period applies only if it expires outside ordinary court hours or on a non-court day, but even then, the standard of reasonable expedition applies. The court found that the costs order against Mashilo was an obvious error, as the respond…

Source excerpt

  • Detention Before Trial
  • Interpretation Of Criminal Procedure Act
  • Constitutional Rights Of Arrested Persons
  • Bail Application
  • Costs Orders
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.