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South Africa decisions
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Mananga and Others v Minister of Police (342/2020) [2021] ZASCA 71; 2021 (2) SACR 225 (SCA) (4 June 2021)
The SCA held that police had reasonable grounds to suspect a Schedule 1 assault with dangerous wounds, making the warrantless arrest and detention lawful.
Qwaba v Minister of Safety and Security (CA&R58/2017) [2018] ZAECMHC 32 (12 June 2018)
The arresting officer did not establish or hold a suspicion that the appellant inflicted a dangerous wound as required by Schedule 1 of the Criminal Procedure Act. The officer relied on general allegations and failed to investigate the nature and seriousness of the wound prior to arrest. The jurisdictional facts for a lawful warrantless arrest were not present. The court a quo erred in finding the arrest and detention lawful. Furthermore, the malicious prosecution claim was properly consolidated and included in the pre-trial orders, and the court a quo erred in failing to determine it on the…
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Grahamstown Eastern Cape High Court (CA13/2014) [2014] ZAECGHC 57 (20 June 2014)
The court held that the arresting officer, Matondolo, did not have solid grounds to suspect that the complainant had suffered a dangerous wound as required by s 40(1)(b) of the Criminal Procedure Act. The available information, including the complainant's affidavit, the J88 medical report, and the officer's own observations, indicated that the injuries were superficial and not life-threatening. The officer's speculation that the injuries could become serious was not supported by the medical evidence, which concluded the wounds were superficial and the complainant was discharged from hospital…
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