Phakula v Minister of Safety and Security
Phakula v Minister of Safety and Security [2023] ZAGPPHC 277; 64450/2011 (6 April 2023)
The court found the police officers' evidence credible and consistent, while the plaintiff's version was improbable and contradicted by the facts. The plaintiff was part of a group of robbers who broke into the house, and was shot while fleeing after a shootout. The police had reasonable grounds to suspect the plaintiff of a Schedule 1 offence, justifying arrest without a warrant under section 40(1)(b) of the Criminal Procedure Act. The use of force by De Klerk was reasonably necessary and proportional under section 49(2), given the dangerous circumstances and the plaintiff's attempt to escap…
Source excerpt
- Unlawful Arrest
- Use Of Force In Arrest
- Section 49 Criminal Procedure Act
- Damages For Police Action
- Unlawful Detention