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)
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