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South Africa Case Law

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Civil Procedure [2025] ZAECMKHC 45

Solomon and Others v Minister of Police (Appeal) (CA29/2024)

Solomon and Others v Minister of Police (Appeal) (CA29/2024) [2025] ZAECMKHC 45 (16 May 2025)

Court
Eastern Cape High Court, Makhanda
Case number
CA29/2024
Judges
Hartle, Gqamana

The appeal was dismissed. The court found that the police had reasonable grounds to arrest the appellants under section 40(1)(e) of the Criminal Procedure Act, as they were found in constructive possession of a recently stolen vehicle and failed to provide a credible explanation for their involvement in stripping its parts. The suspicion was objectively reasonable, and the presence of a suspected firearm further justified the arrest. The subsequent detention was lawful, as the appellants were brought before court within the statutory period, and the investigation required further steps before…

Source excerpt

  • Unlawful Arrest
  • Unlawful Detention
  • Section 40 Criminal Procedure Act
  • Bail Procedure
  • Constitutional Rights Of Arrestees
  • Damages Claim Against State
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Civil Procedure [2016] ZAGPPHC 277

Minister of Police v Ndaba and Others (A553/2014)

Minister of Police v Ndaba and Others (A553/2014) [2016] ZAGPPHC 277 (6 May 2016)

Court
North Gauteng High Court, Pretoria
Case number
A553/2014
Judges
W R C Prinsloo, N Ranchod, H J Fabricius

The court held that the arrest of the respondents was lawful under section 40 of the Criminal Procedure Act, as the jurisdictional requirements were satisfied. Regarding detention, the court found that the interpretation of section 50(1)(d)(i) adopted by the trial court was incorrect. The Supreme Court of Appeal in Mashilo and Another v Prinsloo clarified that the 48-hour period may be extended if it expires outside ordinary court hours, and the arrestee must be brought before court on the next court day. The investigating officer acted with due expedition and there was no evidence of deliber…

Source excerpt

  • Unlawful Arrest
  • Unlawful Detention
  • Criminal Procedure Act Section 50
  • Constitutional Rights Of Arrestees
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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.