Mahlanza v Minister of Police (EL1326/2017)
Mahlanza v Minister of Police (EL1326/2017) [2019] ZAECELLC 32 (26 November 2019)
The court found that the arresting officer failed to exercise her discretion properly when executing the warrant of arrest. Instead of considering less invasive means, such as warning the applicant to attend court the following day, the officer proceeded with a public and humiliating arrest, disregarding the applicant's rights and the Standing Orders. The operation was influenced by extraneous factors, including women's month celebrations, and resulted in unnecessary humiliation and detention. The applicant's fixed residence, employment, and willingness to cooperate were ignored. The arrest a…
Source excerpt
- Unlawful Arrest
- Abuse Of Police Power
- Discretion In Execution Of Warrant
- Dignity And Humiliation
- Damages For Unlawful Detention