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South Africa decisions
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Makopo v Minister of Police (A241/22) [2025] ZAGPPHC 69 (21 January 2025)
The High Court dismissed an appeal over alleged unlawful arrest and detention, holding the arrests were justified under section 40(1)(b) of the Criminal Procedure Act.
Isaac v Minister of Police and Another (HCAA23/2022) [2024] ZALMPPHC 41 (26 April 2024)
The High Court upheld the appeal, holding that the appellant’s warrantless arrest and detention were unlawful because the alleged domestic violence breach was not a Schedule 1 offence.
Earl Rensburg v Minister of Police and Another (557/2021) [2022] ZASCA 105 (29 June 2022)
The Supreme Court of Appeal held that Rensburg’s warrantless arrest and later detention were lawful because police had reasonable suspicion and pending verification steps.
Ngope v Minister of Police and Others (57726/2012) [2021] ZAGPPHC 801 (25 November 2021)
The court found that the arresting officer had reasonable suspicion to arrest the plaintiff for stock theft based on objective evidence, including witness statements and the plaintiff's conduct regarding the sale and handling of the stolen cattle and money. The plaintiff's version was inconsistent, unconvincing, and contradicted by other witnesses. The reasons for suspicion were uncontested and not shown to be unreasonable. The arrest was therefore lawful, and the subsequent detention, at least until the plaintiff was brought before court, was also lawful. The plaintiff did not demonstrate th…
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Marule v Minister of Police and Another (86694/14) [2021] ZAGPPHC 661 (4 October 2021)
The High Court held that the plaintiff’s warrantless arrest and detention were unlawful, but it dismissed his malicious prosecution claim.
Mashava and Others v Minister of Police (2558/2018, 3747/2018, 2556/2018, 2557/2018, 2555/2018, 2559/2018) [2021] ZAGPPHC 277 (30 April 2021)
The court found that the defendant proved on a balance of probabilities that the arresting officer was a peace officer who entertained a reasonable suspicion, based on objective facts, that the plaintiffs had committed a Schedule 1 offence (robbery and extortion). The complainant's statements implicated all plaintiffs, and their conduct in returning money supported the suspicion. The discretion to arrest was exercised properly and in good faith. The subsequent withdrawal of charges did not render the arrest unlawful. The plaintiffs failed to prove that the discretion was exercised improperly…
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Morrison v Minister of Safety & Security (80/2017) [2021] ZAECMHC 2 (12 January 2021)
The High Court held the defendant liable for unlawful arrest and detention after SAPS officers arrested the plaintiffs without a warrant and failed to justify the detention.
Buso v Minister of Police (CA83/2019) [2020] ZAECGHC 87 (18 August 2020)
The court found that the arresting officer, Sergeant Mgobo, acted on credible and contemporaneous information provided by a co-suspect, which included a detailed description of the appellant and his vehicle, as well as the route taken after the robbery. The officer critically assessed the information and tested the appellant's account, which lacked credibility and failed to provide a plausible alibi. The suspicion held was objectively reasonable and justified the arrest under section 40(1)(b) of the Criminal Procedure Act. The trial court's factual and credibility findings were upheld, and th…
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Manala v Minister of Police and Others (13342/2013) [2020] ZAGPPHC 358 (12 August 2020)
The court found that the Defendants failed to establish reasonable suspicion for the Plaintiff's arrest under section 40(1)(b) of the Criminal Procedure Act. The arresting officer did not inform the Plaintiff of the reason for his arrest, nor did he take steps to confirm whether the items in the Plaintiff's possession were stolen. The Plaintiff was never charged with robbery, and the charge of possession of stolen property was withdrawn. The Defendants provided contradictory versions of the events, and their evidence lacked detail and consistency. The court held that the arrest and subsequent…
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Manala v Minister of Police and Others (13342/2013) [2020] ZAGPPHC 453 (12 August 2020)
The High Court held that the plaintiff’s arrest and detention were unlawful for lack of reasonable suspicion, but he failed to prove assault.
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