South Africa Case Law

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

Mmabi and Another v Minister of Safety and Security (66598/2012)

Mmabi and Another v Minister of Safety and Security (66598/2012) [2016] ZAGPPHC 958 (21 April 2016)

Court

North Gauteng High Court, Pretoria

Case number

66598/2012

Judge

E.L. Swartz

The court found that the plaintiffs' arrest and detention on 6 June 2012 were unlawful and that bail had never been withdrawn. The police's authority to detain ceased after the plaintiffs' appearance before the magistrate on 7 June 2012, and there was no legal justification for their continued detention until 15 June 2012. The record provided no reasons for further detention, and the magistrate was functus officio after the appearance. The plaintiffs were thus unlawfully detained for nine days. The court exercised its discretion in determining damages, considering the plaintiffs' personal cir…

Source excerpt

• Unlawful Arrest And Detention
• Quantum Of Damages
• Constitutional Right To Freedom
• Criminal Procedure Act Section 50
• Public Law Duty Of Police

Mtola v Minister of Police (1110/2013)

Mtola v Minister of Police (1110/2013) [2015] ZAECMHC 42 (19 March 2015)

Court

Eastern Cape High Court, Mthatha

Case number

1110/2013

Judge

Dawood

The court found that the arresting officer was a credible witness and had reasonable grounds to suspect the Plaintiff of committing robbery, a Schedule 1 offence, based on the complainant's statement and the Plaintiff's admission of possession and refusal to return the goods. The requirements for a lawful arrest under section 40(1)(b) of the Criminal Procedure Act were met. However, the Plaintiff was detained beyond the statutory 48-hour period without being brought before a court, which rendered the detention from 4pm to 6pm on Monday unlawful. The Plaintiff was awarded damages for this peri…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• Damages For Wrongful Detention
• Criminal Procedure Act Section 40
• Criminal Procedure Act Section 50

Ndaba and Others v Minister of Police (48208/2012, 48209/2012,49490/2012)

Ndaba and Others v Minister of Police (48208/2012, 48209/2012,49490/2012) [2014] ZAGPPHC 180 (2 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

48208/2012, 48209/2012, 49490/2012

Judge

SP Mothle

High Court judgment on unlawful arrest and detention claims arising from a highway stop linked to armed robbery.

• Unlawful Arrest
• Unlawful Detention
• Damages Assessment
• Criminal Procedure Act Section 40
• Criminal Procedure Act Section 50
• Unlawful-arrest

McMaster v Director of Public Prosecution and Others (69021/2012)

McMaster v Director of Public Prosecution and Others (69021/2012) [2012] ZAGPPHC 320 (28 November 2012)

Court

North Gauteng High Court, Pretoria

Case number

69021/2012

Judge

A.M.L. Phatudi

The application was dismissed because the applicant failed to comply with the practice directive for urgent applications and did not present evidence warranting extreme urgency. The magistrate acted lawfully in postponing the bail hearing under section 50(6)(d) of the Criminal Procedure Act. The High Court is bound by the principle that it should not impose duties on magistrates or police officials beyond those provided by law. This application was neither an appeal nor a review of the magistrate's decision, and the relief sought was not competent. Accordingly, the application was dismissed a…

Source excerpt

• Bail Application
• Urgent Interdict
• Criminal Procedure Act Section 50
• Court Powers
• Practice Directives

Hoco v Mtekwana and Another (2028/2008)

Hoco v Mtekwana and Another (2028/2008) [2010] ZAECPEHC 42; 2010 (2) SACR 536 (ECP) (29 June 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2028/2008

Judge

N Dambuza

The High Court held that the plaintiff’s detention from 15 to 19 February 2008 was unlawful and awarded R80,000 in damages and costs.

• Unlawful Arrest
• Unlawful Detention
• Damages Assessment
• Criminal Procedure Act Section 50
• Unlawful-arrest
• Unlawful-detention